
V-^ivil Kli 



overtimeat 

OF 

Wisconsin 

WILGUS 




THE 



GOVERNMENT OF THE PEOPLE 



OF THE STATE OF 



WISCONSIN 



BY 



JAMES ALVA WILGUS, M. A. 

Professor of History and Political Science, State 
Normal School, Platteville 




PHILADELPHIA 

Eldredge & Brother 

No. 17 North Seventh Street 
1897 
IT 



nN 






••o£o«« 

Entered, according to Act of Congress, in the year 1897, by 

ELDREDGE & BROTHER, 

in the Office of the Librarian of Congress, at Washington. 

••o£o» 



*- 



* 



-# 



WESTCOTT & THOMSON, 
ELECTROTYPERS, PHILADA. 



"* 




In preparing this book, it was not the intention of the author to 
make simply an elementary treatise on the subject ; nor was it 
his intention to make a technical and semi-legal disquisition on 
the institutions of government. He thought, however, that there 
was the opportunity, and the great necessity, for a description of 
the government of the State, county, town, village and city in a 
manner adapted to the wants of the youth of the State, so as to sup- 
ply them with a practical knowledge of the institutions under which 
they live as a preparation for intelligent citizenship. How well the 
author may have succeeded, he leaves to the judgment of teachers. 

It has not been possible to indicate all the variations in local gov- 
ernment throughout the State, due to special or local legislation ; but 
the common and essential features have been described, and it is left 
to teachers to ascertain the peculiarities in their particular localities. 

It is suggested to teachers that, wherever possible, they make 
the descriptions given appear as living realities to their pupils by 
concrete illustrations and examples, and by giving the personal 
names of the officers whose powers and duties are studied. 

If this little work shall succeed in conveying to the youth of Wis- 
consin a practical knowledge of the government round about them, 
of their rights and duties and privileges as citizens, and of the deep 
meaning of the institutions under which they live, and shall also lead 
them to appreciate the liberties they inherit, and inculcate a deep 
and abiding love for good and pure government, the author will 
feel that he has not labored in vain. 

The author desires to express his thanks to Dr. Duncan McGregor, 
Prof, of Pedagogy, Platteville State Normal School, to Hon. Henry 
Casson, Secretary of State, to Hon. M. P. Rindlaub, Editor of the 
Grant County Witness, to Mr. A. W. Hastings, clerk of the town 
of Platteville, and to all others who have furnished information or 
assistance in the preparation of the work. 

JAMES ALYA WILGUS. 

State Normal School,) 
Platteville, Wisconsin. > 



_-.... ™H 







CHAPTER PAGE 

I. Our Governmental Institutions 7 

II. Historical Sketch of the Settlement, Growth and 

Development of Wisconsin 14 

III. Constitutions — Kelations between the State and 

the Nation 23 

IV. Local Government 31 

V. The State Government . . . 58 

VI. Nominations and Elections 99 

VII. Taxes and Taxation 110 

The Constitution of the State 116 

Index 153 



ILLUSTEATIONS. 

"Old Abe" . . Page v 

Henry Dodge, First Governor of the Territory of Wis- 
consin , 14 

Black Hawk 16 

The Building at Old Belmont in which the First Terri- 
torial Legislature Met 21 

First House in Madison, 1837 30 

Nelson Dewey, First Governor of the State 58 

The Old Capitol at Madison 60 

The Present Capitol at Madison 64 

The Great Seal of the State 81 

Jeremiah M. Kusk 99 

Lucius Fairchild 99 

iv 



What constitutes a state ? 
Not high-raised battlement or labored mound, 

Thick wall or moated gate ; 
Not cities proud with spires and turrets crowned ; 

Not bays and broad-armed ports, 
Where, laughing at the storm, rich navies ride ; 

Not starred and spangled courts, 
Where low-browed baseness wafts perfume to pride. 

No : — men, high-minded men, 
With powers as far above dull brutes endued 

In forest, brake or den, 
As beasts excel cold rocks and brambles rude — 

Men who their duties know, 
But know their rights, and, knowing, dare maintain, 

Prevent the long-aimed blow, 
And crush the tyrant, while they rend the chain ; 

These constitute a state ; 
And sovereign law, that state's collected will, 

O'er thrones and globes elate, 
Sits empress, crowning good, repressing ill. 

— From the Greek. 



-ooj*<o 



" A disposition to preserve and an ability to improve, taken 
together, would be my standard of a statesman." 



— Edmund Burke. 

-^O^OO 



" We join ourselves to no party that does not carry the flag 
and keep step to the music of the Union." 

— Kufus Choate. 




"OLD ABE." 

(The War-Eagle of the Eighth Regiment of Wisconsin Volunteers.) 

K)^W 

Old Abe was born in 1861, and went into battle when but a few months old. 
His accustomed place was a perch on the flag-staff of the regiment. He par- 
ticipated in thirty-five skirmishes and engagements. At the close of the war 
he was kept at the State Capitol at the expense of the State. He visited the 
Centennial Exposition of 1876, and was always in demand at the soldiers' re- 
unions. He died March 26, 1881. His body is preserved in a glass case in the 
rotunda of the Capitol. 

" I'd rather capture Old Abe than a whole brigade."— General Sterling 
Price, of the Confederate Army. 



THE 

CIVIL GOVERNMENT 

OF 

WISCONSIN. 

CHAPTER I. 

OUR GOVERNMENTAL INSTITUTIONS. 

1. The Government of the United States. — All of 
the territory belonging to the United States, stretch- 
ing from the Atlantic to the Pacific, and from the Great 
Lakes to the Gulf of Mexico, including also Alaska and 
a few islands, is under one general government whose 
powers are set forth and defined by the United States Con- 
stitution. The President of the United States is the head 
of this government ; and, with the members of his cabinet, 
executes the laws that are made by Congress, which is 
composed of two branches — a House of Representatives, 
representing the people, and a Senate, representing the 
different States of the nation. In addition to these two 
departments — executive and legislative — there is a third 
department, the judicial, composed of various courts, 
whose duty it is to interpret the laws. All persons living 
within the territorial limits of the United States are under 
the jurisdiction of this general government and must obey 
its laws and officers. 

2. The Government of the States. — Our nation is 
made up of forty-five States and five territories, which 

7 



8 THE CIVIL GOVERNMENT OF WISCONSIN. 

have been established at different times since 1776, when 
our forefathers declared themselves free from Great Brit- 
ain. By that act — the Declaration of Independence— the 
thirteen colonies became States. At the close of the Revo- 
lutionary war our western boundary was the Mississippi 
River, and there was a large area of land not comprised 
within the boundaries of any of the thirteen States, which 
Congress from time to time formed into States and ad- 
mitted into the Union. And as our territory has con- 
stantly increased from 1783 until the present time, Con- 
gress has pursued the same policy of cutting it up into 
States and admitting them into the Union, until to-day 
only Oklahoma, the Indian Territory, Arizona, New Mexico 
and Alaska remain as territories. 1 

In addition to the general government of the United 
States, each State and territory has a government of its 
own. Congress creates the territory out of the public 
land and gives it a government. When the population 
of the territory becomes sufficiently large and Congress 
sees fit to admit the territory into the Union as a State, 
the people of the territory are authorized to form and 
adopt a State constitution, subject to the approval of 
Congress, to see whether it conforms to the United States 
Constitution. When a territory has thus been formed 
into a State and its people have been permitted to form 
a State constitution, they govern themselves, not inde- 
pendently of the United States government, but in con- 
formity with it and with their own laws and State con- 
stitution. 

Each State, therefore, has a State constitution, and these 
are essentially alike but not the same ; hence the govern- 
ments of the States, established in accordance with their 
constitutions, are essentially alike but not the same. In 

1 The territories are of two kinds — organized and unorganized. 
Alaska and the Indian Territory are unorganized ; the others are 
organized and have a regularly constituted territorial government. 



OUR GOVERNMENTAL INSTITUTIONS. 9 

all of the States the governor is the head of the govern- 
ment, and, with certain other administrative officers, ex- 
ecutes the laws made by the State legislature, which is 
composed of two houses. In addition to the executive 
and the legislative departments, there is in all the States 
a judicial department, composed of courts of different 
grades, whose business it is to administer justice and to 
interpret the laws. All persons living within the State 
are under the jurisdiction of the State government, and 
must obey its laws ; but they are also under the general 
government of the United States and must obey its laws. 
If the State should at any time make laws in conflict 
with the United States laws, requiring its citizens to do 
something forbidden by the United States government, 
the courts of the United States would decide the State 
laws to be unconstitutional — that is, null and void, and 
therefore not to be obeyed by the citizens of the State. 1 
3. Local Government in the States. — (a) The County. 
As the nation is divided into States, so each State is 
divided into counties. The number of counties in each 
State is not the same, but varies from three in Delaware 
to two hundred and forty-six in Texas. Naturally also 
the size of the counties is not the same. Counties in the 
Eastern States are, as a rule, smaller than those in the 
Central and Western States, and also more irregular in 
shape, which is due to historical and natural reasons. 
The constitution of a State usually fixes a limit as to the 
size of the county, and the legislature in laying out CQun- 
ties within the State is governed by this limit. In Wis- 
consin the limit is 900 square miles, and at present (1897) 
the number of counties is seventy. These counties have 
been established at various times as population has in- 
creased. Each county within the State has its own officers 
and government, as provided by the State legislature, in 

1 See 3 19. 



10 THE CIVIL GOVERNMENT OF WISCONSIN 

accordance with the State constitution, and this county 
government is as nearly uniform as possible throughout 
the State. County officers attend to the local affairs of 
their county, and administer the laws of the State that 
pertain to the county. 

(b) The Town, or as it is frequently called, the Township. 
— Not only are States divided into counties, but these coun- 
ties are subdivided into towns. As to the size and number 
of towns there is no more uniformity than in the matter of 
counties. The seventy counties of Wisconsin are divided 
into about one thousand and fifty towns, which makes an 
average of fifteen to a county; but some counties have 
only three and four towns, while others have thirty-two 
and thirty-six. While the legislature divides the State into 
counties, it does not as a rule divide the counties into 
towns directly ; but it prescribes the manner in which 
towns are to be laid out and established by certain county 
officers. Each town has its own officers and government 
as prescribed by the State laws, and this government is 
uniform, not only for the towns within a county, but 
throughout the State. Town officers attend to the local 
affairs of the town, and they also administer the county 
regulations and the State laws that pertain to the town. 

Each town is independent of every other town in the 
management of its own local affairs, but all the towns 
within a county are subject to the same county govern- 
ment. Counties and towns are convenient institutions 
for .the administration of the general laws of the State, - 
and their work is largely administrative, though histori- 
cally considered, they stand for one of the most important 
bulwarks of human, liberty — the principle of local self- 
government. 

(c) Villages and Cities. — For reasons which are apparent, 
it is not only convenient, but often necessary, for a large 
number of the people to live closer together than on farms, 
and to congregate in certain localities favorable to their 



OUR GOVERNMENTAL INSTITUTIONS. 11 

interests, thus forming hamlets, villages and cities. When- 
ever people have collected together in this way, their inter- 
ests may be so great, and their needs so different, that they 
require a local government of their own, in addition to, and 
perhaps separate from, the government of the town and 
county in which they are situated. 1 

The laws of the State usually specify the population 
required by a locality before it can be organized into a 
village or a city with a government of its own ; indicate 
the manner in which organization shall be made; and de- 
termine also the form of its government and the powers 
it shall exercise. Different States manage these matters 
in different ways, but usually there are only two ways : 
(1) The State may pass a general law dividing cities and 
villages into classes and grades according to population 
and specifying a particular form of government and 
particular officers for each grade and class ; or (2), the 
State may pass special acts, i. e. give each village and 
each city at the time it is formed, a charter designating 
its officers and powers of government. This latter method 
makes it necessary for the legislature to pass a separate act 
whenever a new city or village is to be formed, thus lead- 
ing to a great amount of legislation, and also opening the 
door to special legislation or favoritism, so that the former 
method is to-day the one generally practiced. 

1 It is not necessary to define accurately the distinction between ham- 
lets, villages and cities, but we should be reminded that in our conversa- 
tion and daily speech we are frequently inaccurate, from a legal point 
of view, in speaking of these indiscriminately. We often speak of a 
certain collection of houses and the people living there, as a village, 
when in reality it has not the population requisite for a village nor has 
it the government of one. Similarly, we often speak of a large village 
as a city, when in fact its population is not sufficient to constitute it a 
city and it has not the government of a city. Thus it will be seen that 
the essential distinction between hamlets, villages and cities, in law, is 
dependent upon two things — (1) population, and (2) government; but 
in common speech we frequently confuse the terms. 



12 THE CIVIL GOVERNMENT OF WISCONSIN. 

In Wisconsin, general laws were passed for the govern- 
ment of villages as early as 1849, but incorporation by- 
special acts or charters was not forbidden until the adop- 
tion of a constitutional amendment in 1871, after which 
the legislature passed new general laws providing for their 
incorporation and government. Prior to 1889, cities were 
governed by special charter, but during this year the legis- 
lature passed a general law for their government, dividing 
them into classes according to population, and indicating 
the powers and officers that each class is to have. In 
1895, an amendment was made changing the limits of 
population for the classes. Cities and villages that have 
been incorporated since 1889 and 1871 respectively, have 
been organized under these general laws, and though pro- 
vision was made by which those organized under special 
charters prior to these dates might change to the govern- 
ment under the general law, few have seen fit to do so ; 
therefore to-day there are in Wisconsin both systems of 
municipal government — special charter and general law. 1 

(d) Other Small Divisions. — Counties, towns, villages and 
cities are the chief divisions of the State for administra- 
tive purposes and local self-government ; but for the better 
management of schools and roads we find smaller divisions 
known as school districts and road districts. 

Certain town officers designated in the laws of the State 
are given the power to divide their towns into school dis- 
tricts, and the people in each district are given the power 
to elect certain officers whose duties are to care for the 
schools of the district. 

Road districts are also established by designated town 
officers in the different towns, and the people of each dis- 
trict are given the power to choose officers whose duties 
are to care for the roads, bridges, etc. of their districts. 

These smaller divisions are designed especially for the 

1 See also \\ 33 and 39. 



OUR GOVERNMENTAL INSTITUTIONS. 13 

better enforcement and administration of the laws of the 
State pertaining to schools and roads, and they are not so 
truly governmental in character as are the other divisions — 
towns, counties, villages and cities — which serve the double 
purpose of local self-government and the administration 
of State laws. 

4. Resume. — A general survey of the governmental in- 
stitutions that characterize our system of government has 
now been completed. Broadly speaking, there are two 
great agencies of government — the United States and the 
State. We also find within the State three chief agencies 
for local government and the administration of State laws 
— the county, the town, and the municipal corporation 
(village or city) ; and we may add to these for special and 
limited purposes the school district and the road district- 
Local government is not uniform, nor are the State gov- 
ernments the same throughout the United States, but the 
United States government is uniform and the same for 
all the territory of the United States, and co-extensive 
with its limits. 

B 




Henry Dodge, First Governor of the Territory op Wisconsin. 



CHAPTER II. 

HISTORICAL SKETCH OF THE GROWTH, DEVEL- 
OPMENT AND GOVERNMENT OF WISCONSIN, 
1 634-1 848. 

oo^o* 



5. Discovery and Exploration. — Wisconsin is a part 
of the territory that was discovered, explored and taken 
possession of hv France under the name of New France, 
in the 17th century. When Samuel Champlain was gov- 
ernor at Quebec, he sent Jean Nicolet in 1634 to explore 
this western region. Coming by way of the Lakes he 
landed just below the mouth of the Fox River on the shore 
of Green Bay. " Clothed in silken robes he advanced into 
a village of the Winnebagoes, discharging pistols held in 
each hand. He was received with welcome. A great 
feast was then held, 120 beavers being eaten." He went up 
the Fox River nearly to the present city of Berlin, whence 
14 



HISTORICAL SKETCH. 15 

he returned to Quebec by way of what is to-day Illinois and 
Michigan. During the next thirty-five years, other French 
explorers and missionaries, especially Radisson, Groseil- 
liers, and Allouez, visited these regions and also the upper 
Mississippi in Minnesota, and the shore of Lake Superior, 
learning of the copper mines there, and in 1671 the whole 
country was taken possession of in the name of the French 
king by the Sieur Saint Lusson. 1 Then followed the great 
explorations of Joliet and Marquette (1673-74), La Salle 
(1679), Hennepin (1680), and Le Sueur and Perrot, extend- 
ing to 1700, in which many trading posts were established 
and the lead mines around what is to-day Dubuque, Galena 
and Potosi were discovered and worked — about thirty ex- 
perienced miners being brought from France in 1699 by 
Perrot. 

It was apparent to the Indians that the white men 
were now coming in earnest, so that for the next thirty 
years, wars and troubles with them were frequent. Trib- 
ute was demanded from the voyagers and traders, and 
treachery and deceit increased the difficulties. The Sacs 
and Outagamies or Foxes were especially troublesome, but 
they were finally overcome in 1730. The Indians were then 
quiet for some time and trading posts were established at 
several points. In 1754 when the last French and Indian 
war broke out, an alliance between the French and the 
Wisconsin Indians was made for the purpose of attacking 
the English colonies in the western part of Pennsylvania. 

1 The ceremony was formal and imposing. It was on the morning 
of June 14th, at Sault Ste. Marie, that St. Lusson and several priests, 
chanting hymns of thanksgiving, amidst a throng of curious Indians, 
ascended a hill and there erected a large wooden cross and also a cedar 
post bearing a metal plate, engraved with the royal arms of France. 
Then St. Lusson, with sword in one hand and raising a piece of sod 
with the other, formally proclaimed the ownership of the country in 
the name of Louis XIV., King of France ; whereupon the Frenchmen 
fired their guns and shouted lustily " Vive le Koi." A few speeches 
completed the ceremony. — Parkman's La Salle, pp. 42, 43. 



16 



THE CIVIL GOVERNMENT OF WISCONSIN. 



These Indians were foremost in the attack on Braddoek, 
and were in the thick of the fight between Montcalm and 
Wolfe on the Plains of Abraham. In 1760 the English 
seized the French dominions in the West, and by the 
treaty of Paris, 1763, which closed the French and Indian 
war, the territory of New France passed into the possession 
of the English. 

6. Settlement and Growth.-— The first permanent white 
settlement was made at Green Bay, in 1766, by Charles 
de Langlade and others. Within the next thirty years 
permanent settlements were also made at Prairie du Chien 
and Milwaukee. These grew slowly. In 1804 the Indian 
titles to lands in southern Wisconsin were secured by treaty ; 
and by 1820 many trading posts, that eventually became 
permanent settlements, were established throughout this 

region by the American Fur 
Company, of w T hich John 
Jacob Astor was the head. 
The fur trade, which was 
a lucrative business, and 
the rich lead mines be- 
gan to attract notice about 
1826 or 1827, and were the 
means of bringing many 
adventurers into this re- 
gion. But it was not until 
after the Black Hawk war 
in 1832, which drove the 
Indians from this country, 
that settlement began in real earnest. In 1830 the entire 
population was only 3245, and there were but two counties. 
Six years later, when Wisconsin was organized as a Terri- 
tory, the population had increased to 11,683, and there 
were four counties. By 1840 the population had increased 
to 30,945, and twenty-one counties had been organized. 
The most rapid growth, however, came within the next 




Black Hawk. 



HISTORICAL SKETCH. 17 

fifteen years, when there was a great influx of foreign 
population, and the railroad was making travel to the 
west comparatively easy. In 1855, the population was 
552,109, and forty-nine counties had been established. 
At present (1897) the population is about 2,000,000. 1 

7. Evolution of Government. — When Wisconsin was 
a part of the French dominions, it was under the jurisdic- 
tion of a governor-gecieral who had charge of the posses- 
sions of France in the New World, with headquarters 
usually at Quebec. The control that was exercised was 
nominal rather than real, and ordinarily, the individual 
inhabitants felt no governing hand at all. When the 
English came into possession of these regions in 1763, 
though allegiance was changed from France to England, 
the condition of the people, so far as government was 
concerned, was at first practically the same. But in 1774 
the English provided for the establishment of civil govern- 
ment over this region and the country north of the Ohio 
River and eastward as far as the Alleghenies, by the Quebec 
act. This act practically annexed the country to Canada, 

1 It may be interesting to note that the first Protestant sermon ever 
preached within the limits of Wisconsin was by the Eev. Jedidiah 
Morse, the father of the inventor of the telegraph, on July 9, 1820, at 
Green Bay. 

In 1820 the first steamboat ascended the Mississippi. In 1826 the 
first steamboat appeared on Lake Michigan, and in 1835 the first steam- 
boat landed at Milwaukee. 

In 1833 the first newspaper was started — "The Green Bay Intelli- 
gencer ;" three years later the Milwaukee " Advertiser" and the Bel- 
mont l ' Gazette ' ' appeared. 

In 1847 the first railroad was chartered (Milwaukee and Waukesha 
R. R. Co.). In 1849 construction on the road began and two years later 
the first train was run. 

In 1838 Congress appropriated land to endow the University of the 
Territory of Wisconsin. In 1848 the university was organized ; and 
also the free school system established by law. In 1866 the normal 
school system was organized. 
2_Wis 



18 THE CIVIL GOVERNMENT OF WISCONSIN. 

curtailed the rights of the colonies, and was one of the 
causes of the Revolutionary war. As a result of this war 
the United States came into nominal possession of this 
region by the treaty with England in 1783, but it was not 
till 1796 that the British gave up the western posts and 
the United States gained actual possession of the country. 

8. The Ordinance of 1787. — In the meantime, how- 
ever, the United States had established a government for 
the country north of the Ohio and east of the Mississippi 
by organizing the Northwest Territory and enacting the 
Ordinance of 1787. This was one of the last as well as 
one of the greatest acts of the Congress of the Confedera- 
tion, and deserves to stand alongside of the Declaration 
of Independence that preceded it and of the Constitution 
that followed it. Chief-Justice Chase of the Supreme 
Court of the United States said of it : " Never, probably, in 
the history of the world did a measure of legislation so 
accurately fulfil, and yet so mightily exceed, the anticipa- 
tions of the legislators. The Ordinance has been well de- 
scribed as a pillar of cloud by day and of fire by night in 
the settlement of the Northwestern States. When the set- 
tlers went into the wilderness, they found the law already 
there." This Ordinance gave shape to the territorial sys- 
tem of government that the United States afterwards fol- 
lowed. It laid the foundations for a broad and abiding 
system of public schools, and it forever prohibited within 
the Territory the establishment of slavery, which was 
already becoming detrimental to the Southern States, 
and rapidly developing into a woful bane for the nation. 

9. Form of Government. — The region comprised with- 
in the jurisdiction of the Ordinance was about two-thirds 
the size of the thirteen original States. There was no es- 
tablished seat of government, and its officers resided first 
at Marietta, Ohio, afterwards at Cincinnati, Ohio, and later 
at Vincennes, Indiana. The government was in the hands 
of a governor and three judges, constituting both a legis- 



HISTORICAL SKETCH. 19 

lative council and a court. These officers, together with a 
secretary, were appointed by Congress. 1 Inferior officers 
were appointed by the governor. Arthur St. Clair was the 
first governor. The governor and judges, as a legislative 
council, might not make new laws, but could select from 
the other States such acts as were suitable, and put them 
into force, subject, however, to the approval of Congress. 
When the population had reached 5000, the people were to 
be allowed to have a house of representatives, elected by 
themselves. The house of representatives, together with a 
governor appointed by Congress, and a legislative council 
selected by Congress from nominations made by the house 
of representatives, were to constitute the territorial legis- 
lature to govern the Territory. As population increased 
and settlement extended, the Territory was to be cut up 
into not less than three nor more than five States — each 
State to be admitted into the Union when it had reached 
a population of 60,000 free inhabitants. 

10. Territorial Divisions. — In accordance with these 
provisions, the first territorial division was made in 1800, 
when a line was drawn from the Ohio river from a point 
opposite the mouth of the Kentucky river to Fort Re- 
covery (situated in what is to-day Mercer county, Ohio), 
and thence north to the boundary line between the United 
States and Canada. All west of this line, in which Wis- 
consin was included, became the Territory of Indiana with 
William Henry Harrison as governor. East of the line, in 
1802, Ohio was admitted as a State, and in 1805 Michigan 
Territory was set off. In 1809 Illinois Territory, in which 
was included Wisconsin, was created out of what was In- 
diana Territory, and in 1816, Indiana was admitted as a 
State. Two years later, when Illinois was admitted as a 
State, Wisconsin was attached to Michigan Territory as a 

1 Changed by act of first session of first Congress to appointment by 
the President and confirmation by the Senate, in conformity with the 
newly adopted Constitution. 



20 THE CIVIL GOVERNMENT OF WISCONSIN. 

county, remaining as such till 1836, when it was organized 
as a separate territory. 1 

11. Wisconsin a Territory. — The act of Congress es- 
tablishing territorial government in Wisconsin was passed 
April 20, 1836. The government provided for was vested 
in a governor, a legislative assembly, courts of justice, and 
a few minor officers. The governor, judges, secretary, 
attorney and marshal were appointed by the President 
of the United States with the concurrence of the Senate. 
The Legislative Assembly was composed of a Council 
of thirteen and a House of Representatives of twenty- 
six, chosen by the people. Acts passed by the Legisla- 
tive Assembly were to be approved by the governor and 
transmitted to Congress for its approval also. The legis- 
lature was to meet annually and not to continue in ses- 
sion longer than seventy-five days. It was to meet, at 
first, in a place designated by the governor, but at the 
first session, or as soon thereafter as practicable, it was to 
locate and establish the seat of government or capital. 
Qualifications for voters were prescribed, but the legisla- 
ture, when formed, might change these qualifications, ex- 
cept that none but citizens of the United States were to 
be allowed to vote. A delegate to the national House of 
Representatives was to be elected by the voters of the 
Territory. The act also specified the pow r ers and duties 
of the various officers. 

In accordance with these provisions, President Jackson 

1 In 1834 its boundaries had been extended so as to include what is 
to-day Iowa, Minnesota, and a part of Dakota ; but in 1838, when Con- 
gress created the Territory of Iowa, Wisconsin was reduced "to her 
present limits, except that she still held, as her western boundary, the 
Mississippi River to its source, and a line drawn due north therefrom 
to the international boundary." She remained in this condition till 
1848, when Congress admitted her as a State, with her present limits, 
giving to Minnesota the region west and north-west of the St. Croix 
River. — R. G. Thwaites, The Boundaries of Wisconsin ( Wis. State Hist 
Soc. CoWs, vol. xi., pp. 455-460). 



22 THE CIVIL GOVERNMENT OF WISCONSIN 

appointed Henry Dodge governor, April 30, 1836, and 
on July 4, the government was inaugurated by the gov- 
ernor, judges and other officers that had been appointed 
by President Jackson, taking the oath of office at Mineral 
Point. On October 25, the first Legislative Assembly con- 
vened at Old Belmont. It adjourned December 9. Its 
chief business was to provide the governmental machinery 
required, to enact such laws as were needed, and to locate 
the capital. The contest over this question was exciting, 
for several towns urged their claims. The matter was 
finally settled December 3, by locating the capital at Mad- 
ison, which was at this time but a clearing in the woods. 
Soon, however, the Capitol building of stone was in process 
of erection, and in the immediate neighborhood were a few 
rude log houses for the accommodation of the builders. 

12. Formation of the Constitution and Admission 
as a State. — Wisconsin continued as a Territory until 
1848, when it was admitted as a State. In 1846 the people 
voted in favor of a State government, Congress passed an 
enabling act authorizing its formation, and the people 
elected delegates to a constitutional convention which met 
at Madison, October 5, continuing in session until Decem- 
ber 16. The Constitution that was framed by this con- 
vention, though approved by Congress, was rejected by a 
vote of the people in April, 1847, on account of some 
objectionable features pertaining to banks. On the 15th 
day of December, 1847, a second constitutional convention 
was held at Madison. This convention remained in ses- 
sion until the 1st of February, 1848, and the Constitution 
which it framed was adopted by a vote of the people in 
the following March. On May 29, 1848, Congress passed 
an act admitting Wisconsin as a State. Though amend- 
ments have been made at different times, the original 
Constitution still stands as the basis of the government. 

Wisconsin entered the Union with the motto " Forward," 
and she has ever been true to it. 



CHAPTER III. 

CONSTITUTIONS.— RELATIONS BETWEEN THE 
STATE AND THE NATION. 

«K)^00 



13. Progress of Liberty.' — The American people are 
especially fortunate in the fact that their government is 
one of constitutions and of laws made in accordance with 
these constitutions. This results from the bitter experience 
of our ancestors for centuries, with irresponsible, haughty 
and tyrannical kings and rulers. Nothing shows more 
clearly the progress of human liberty than the evolution 
of government from its earliest form, that of a monarchy or 
rule by one, through an oligarchy or rule by a few, to a 
democracy or rule by the many. For centuries the people 
were virtually enslaved by their rulers and there was very 
little freedom in the world — indeed, none but the rulers and 
a favored few were possessed of liberty. But in course of 
time there came to be serious doubts about the sacred cha- 
racter and privileges of the ruling classes — people began to 
see that their kings were human and only ordinary people 
like themselves; the printing-press w T as invented, and men's 
thoughts could now be recorded and spread abroad with 
more ease, certainty and effect than before — stimulating 
and encouraging study and communication with one an- 
other, making acquaintances and friends of people widely 
separated, and paving the way for harmonious thought 
and action on the part of those whose interests were the 
same. The effect of the invention of printing on human 
liberty can hardly be overestimated. 

14. Origin and Purpose of Constitutions. — The expe- 

23 



24 THE CIVIL GOVERNMENT OF WISCONSIN. 

rience of the world shows clearly that people possessed of 
power tend to increase it if possible ; and where there is a 
will there is also usually a way. In fact, at the opening of 
the thirteenth century the ruling classes of every country in 
Europe had so enhanced their powers and privileges that 
the people had very few of the rights of personal liberty, 
personal security, private property and religious freedom 
possessed by us to-day. 1 These are now so common that 
we are apt to think they w T ere always exercised by the 
people, and to forget the fierce, bitter and bloody struggle 
that secured them for us. And in this long contest, which 
is not yet ended, it has been the high privilege and 
destiny of the Anglo-Saxon or English-speaking race to 
take the lead, and stimulate others to the same work, 
until to-day in almost all of the civilized countries of 
the world the people are possessed of their rights and 
freedom in a very great degree. The details of this 
great struggle cannot be recorded here; but w T e need to 
note that it has been an attempt on the part of the people 
to win back rights once usurped and to guard against their 
loss in the future, either by drawing up compacts between 
themselves and their rulers, and forcing their rulers to 
sign and obey these compacts, or by overturning mon- 
archical and aristocratic governments and establishing in 
their place democracies or republics founded upon written 
constitutions. 

15. Constitutions in America. — Such is the origin and 
purpose of constitutions in general ; and w r hen the Amer- 

1 The right of personal security means the right to enjoy life, body, 
health and reputation. 

The right of personal liberty means the right to come and go with- 
out restraint, and includes also freedom of speech and of the press. 

The right of private property means the right to acquire, use, and 
dispose of one's property — including time and labor. 

The right of religious liberty means the right to have any belief or 
unbelief one chooses. 



CONSTITUTIONS IN AMERICA. 25 

ican colonies were planted, it was at a time when the peo- 
ple of Europe, especially the English, were triumphing 
over their rulers, and therefore in an era of constitution- 
making. Only a few of the colonies, however, were se- 
curely based upon charters, yet in many there was some 
sort of a compact, agreement or grant, given by the king 
or ruler, or made by the colonists themselves on their own 
authority. There was, however, a general lack of security 
in regard to rights, and it was this that caused so much 
annoyance between the colonists and their rulers, leading 
eventually to open rupture and independence. Then a 
new nation was born and the rights of the people were 
securely established by a National Constitution as well as 
by individual State constitutions, whose specific objects, 
expressed clearly in the respective preambles, are full of 
the deepest meaning and significance. 

16. Definition of Constitutions. — A constitution may 
be defined as the definite expression of the will of the people 
by which they control the government. It is the funda- 
mental law emanating from the people in their sovereign 
capacity, to be obeyed by all alike — those w T ho are gov- 
erned as well as those w T ho govern. Constitutions are of 
two kinds, written and unwritten, the difference being that 
a written constitution is a formal document drawn up at 
one time by a convention of the people or their represen- 
tatives assembled for that purpose ; while an unwritten con- 
stitution is not so made, but consists of various documents 
— usually legislative enactments issued by the representa- 
tives of the people in their legislative capacity, from time 
to time, as occasion demands — touching the organization 
of the government and its powers. All our constitutions 
are written; the Constitution of England is unwritten. 
As to the relative advantages of the two kinds of con- 
stitutions there is a difference of opinion ; but written 
constitutions possess this advantage, that they can be 
changed only by the people; while unwritten constitu- 

c 



26 THE CIVIL GOVERNMENT OF WISCONSIN 

tions have the disadvantage that they can be changed 
by the government, and they may therefore cease to 
represent the will of the people. On the other hand, 
written constitutions are less elastic and flexible than are 
unwritten constitutions. 

17. Contents of Constitutions. — An examination of 
our constitutions reveals the same general scope and design, 
and shows that certain provisions have been deemed essen- 
tial by the people in framing them. Thus it will be found 
that our constitutions (1) state the purpose and object for 
which they are formed, in a preamble ; (2) specify the 
rights of the people in a " bill " or " declaration of rights ;" 
(3) establish a republican form of government and indicate 
the machinery for its operation, by grouping the functions 
of government into departments, with powers and duties 
clearly set forth ; (4) specify the manner in which the 
government, i. e. the officers of the people, may be called 
to account for wrong-doing, by establishing a short term 
of office and frequent elections, and by making provision 
for removal from office through impeachment, etc. ; (5) 
provide the way by which the people may express their 
will in changing the government, either through making 
amendments or establishing a new constitution — thus 
avoiding as far as possible the tendency to revolution and 
the evils that would come from violent and precipitate 
changes ; and (6) designate those persons who may have a 
voice in the government and take part in its administration, 
by establishing certain qualifications for suffrage, and for 
holding office. Besides these essentials, there are, in the 
different constitutions, miscellaneous provisions of a local 
or temporary import, that will not admit of classification. 1 

18. The Constitution of Wisconsin ; Amendments. — 



1 All constitutions are not the same, and it is not to be understood 
that the particulars mentioned here are grouped separately or given in 
the order as stated, but that somewhere in the constitution provision is 
made concerning them. 



CONSTITUTIONS IN AMERICA. 27 

An analysis of the Constitution of Wisconsin shows, besides 
the preamble, fourteen articles, as follows : 

Art. I. Declaration of Eights. Art. IX. Eminent Domain and 

II. Boundaries. Property of the State. 

III. Suffrage. X. Education. 

IV. Legislative. XI. Corporations. 
V. Executive. XII. Amendments. 

VI. Administrative. XIII. Miscellaneous Provis- 

VII. Judiciary. - ions. 

VIII. Finance. XIV. Schedule. 

To this, amendments have been made at different times 
touching the following matters : 

Compensation of members of the legislature, Art. IV. Sect. 21. 

(1867; 1881.) 
Salary of governor and lieutenant-governor, Art. V. Sects. 5 

and 9. (1869.) 

Rights of accused, Art. I. Sect. 8. (1870.) 

Prohibition of special legislation in certain cases, Art. IV. Sects. 

31 and 32 added. (1871; 1892.) 

Restriction on municipal indebtedness, Art. XI. Sect. 3. (1874.) 
Constitution of the supreme court, Art. VII. Sect. 4. (1877; 

1889.) 

Claims against the State, etc., Art. VIII. Sect. 2. (1877.) 
Biennial sessions of the legislature, etc., Art. IV. Sects. 4, 5, 11 

and 21. (1881.) 
Residence and registration of voters, Art. III. Sect. 1. (1882.) 
County officers, election, removal, etc., Art. VI. Sect. 4. (1882.) 
Clerk of circuit court and of supreme court, Art. VII. Sect. 12. 

(1882.) 
General elections, etc., Art. VII. Sect. 4. (1882.) 

Many other amendments have been proposed but they 
have failed to secure either the vote of the next legislature 
or the vote of the people, as required by Art. XII. of the 
Constitution, which specifies the method of making amend- 
ments. Up to the present time (1897) no constitutional 
convention has been called to make amendments or to 



28 THE CIVIL GOVERNMENT OF WISCONSIN 

change the Constitution ; and should one be called, its 
action might or might not be final. It would not be 
final if the legislature, in its call for the convention, should 
require the changes made by the convention to be voted 
upon by the people ; nor if the convention, by its own vote, 
should submit its work to the people for ratification. 
Otherwise the action of the convention would be final. 

19. Relations between the State and the National 
Government.— The National government and the State 
governments, although distinct and having special spheres 
of action, " are in fact but different agents and trustees 
of the people, constituted with different powers and desig- 
nated for different purposes " — the National government 
being formed for national purposes only and the State 
government for local purposes only. The powers which 
the National government may exercise are those which 
are expressly stated, or clearly implied, in the United 
States Constitution. These powers only are within the 
sphere of the National government; but within that 
sphere it is supreme and overrides any State constitu- 
tion or law or act to the contrary. The people, how- 
ever, have not delegated all the powers of government to 
the nation, and those which are not expressly stated or 
clearly implied in the United States Constitution as be- 
longing to the National government, the people have re- 
served to themselves or have delegated to their State gov- 
ernments. These, too, have their own sphere of action, 
and within that sphere they are supreme. If, therefore, 
we wish to ascertain what powers the National govern- 
ment may exercise, we examine the United States Consti- 
tution, and this only, for it sets forth the powers of the 
National government. But if we wish to ascertain what 
powers the State governments may exercise, we must ex- 
amine first, the United States Constitution to see whether 
it prohibits the State from exercising the power; and 
second, the State constitution, to see whether the people 



CONSTITUTIONS IN AMERICA. 29 

have granted the power to, or withheld it from, their State 
government. 

Both sets of constitutions have emanated from the 
people, and the people may change them; but the peo- 
ple of each State are not free to do entirely what they 
may please in this matter. For since the constitution of 
every State which has been admitted into the Union since 
1789 required the approval of Congress, either directly 
or indirectly, before it could become operative ; and since 
the United States Constitution, and the treaties and the 
laws of the United States made in pursuance of it, are the 
supreme law of the land, it follows that no State may, by 
any amendment or the establishment of a new constitu- 
tion, so change its form of government as to conflict with 
the paramount authority of the United States. The whole 
is greater than a part, and any interpretation of our dual 
system of government which admits of the doctrine of 
nullification or of secession is vitally at variance with the 
existence of a close and effective union and subversive of 
the welfare of the people. 



CHAPTER IV. 

LOCAL GOVERNMENT IN WISCONSIN. 

ootto* 

20. Local Government in General. — The Constitu- 
tion of the State makes general provision for local gov- 
ernment, but leaves the special provisions to be made 
by the legislature from time to time as may be found 
necessary. Therefore, nearly all the regulations that ap- 
ply to the establishment and government of villages, cities, 
towns and counties are statutory. Indeed the only con- 
stitutional provisions touching the organization of local 
government are the following : " It shall be the duty of the 
legislature, and they are hereby empowered, to provide for 
the organization of cities and incorporated villages, and to 
restrict their power of taxation," etc. 1 " The legislature is 
prohibited from enacting any special or private laws for 
granting corporate powers or privileges except to cities." 2 
" The legislature shall establish but one system of town 
and county government, which shall be as nearly uniform 
as possible." 3 The legislature therefore is practically given 
the utmost freedom in these particulars. 

Town Government. 

21. Town and Township. — In most of the States the 
civil divisions of the county are called townships ; but in 
New England, Michigan, Wisconsin, and a few other States, 

1 Art XL Sect. 8. 

2 Amendment 1871, Sect. 31 added to Art. IV. 

3 Art. IV. Sect. 23. 

31 



32 THE CIVIL GOVERNMENT OF WISCONSIN. 

they are called towns. Confusion arises in either case, 
because (1) the name township is also used to designate 
a tract of land six miles square, established by the United 
States government without reference to boundary lines 
of county or State, for the purpose of accurately describ- 
ing, locating and transferring lands; and (2) the name 
town is popularly understood to mean a hamlet or a vil- 
lage. In their legal sense, however, in this State a town- 
ship is simply a tract of land six miles square, and has 
nothing to do with the administration of government ; 
while a town is a civil division of the county, established 
by the county board in accordance with the State laws 
for the express purpose of government. Each county, then, 
has its own towns. In area, size and boundary the towns 
may and usually do correspond to the townships, wherever 
conditions will admit of it, and they are therefore six 
miles square; but they need not so correspond, however, 
and in many cases do not, so that they are often quite 
irregular in shape and size. 

22. The Government of the Town. — Town government 
in Wisconsin is quite similar to that in New York and 
New England, which is due to the fact that a large number 
of the early settlers who gave shape to the institutions of 
the State came from those sections of the country. As in 
New England, but not to quite the same degree, the prin- 
cipal organ of the town government is the " town meet- 
ing," where all the voters of the town assemble to make 
rules and regulations concerning the needs of the town. 
The government of the town, in essence then, is that of a 
pure democracy. On the first Tuesday of April in each 
year occurs the annual town meeting for the election of 
officers and for the transaction of such business as may 
be needed. Provision is made also for holding special 
meetings when necessary. On the day of the annual meet- 
ing the election of officers for the ensuing year occurs, and 
the polls are opened between 9 and 10 a. m. and closed 



TOWN GOVERNMENT. 33 

at 5 p .m. 1 At any time between these limits the " meet- 
ing " for the transaction of other business may be held. 
The meeting is presided over by the chairman of the town 
board and is governed by the general rules of parliament- 
ary law. If the chairman of the town board should not 
be present one of the supervisors acts as chairman ; but 
if these should be absent the voters choose a chairman 
from among their number. At the opening of the town 
meeting the chairman states the business to be transacted 
and the order in which it shall be entertained. Motions 
are then made concerning the matters before the meeting, 
and discussions are indulged in as fully and freely as 
the people choose — every voter being entitled to express 
his opinion. Voting is done viva voce, and a majority de- 
cides all motions. The chairman decides all questions of 
order, and the clerk of the town acts as secretary of the 
" meeting " and keeps a record of its minutes and proceed- 
ings, as well as of the reports of the town officers, which 
must be made to the meeting. 

23. Powers of the Town Meeting-. — The voters as- 
sembled in annual town meeting have power and author- 
ity — (1) To levy taxes within the limits specified by the 
laws of the State, and to raise money for the purchase of 
property and cemeteries, for the erection of town buildings, 
the maintenance and repair of roads, bridges, etc., the sup- 
port of the poor, and for paying the indebtedness and de- 
fraying all the expenses of the town. (2) To make all 
rules, police regulations, and by-laws that may be neces- 
sary to secure the peace, good order and safety of the 
people of the town and to protect their property, re- 
straining and punishing disorderly conduct, drunken- 
ness, etc., preventing stock from running at large and 

1 They are opened and closed by proclamation as follows : " Hear 
ye ! Hear ye ! Hear ye ! The polls of this election are now opened (or 
closed)." The polls are closed during the " meeting.' ' 
3— Wis 



34 THE CIVIL GOVERNMENT OF WISCONSIN. 

impounding it when necessary. (3) To provide for the 
establishment of a town library. (4) To decide about 
the payment and collection of highway taxes — whether in 
money or labor. (5) To direct the institution and defense 
of all actions in which the town is an interested party, em- 
ploying attorne}^ whenever necessary. 

The laws of the State require that the voters be duly 
notified beforehand, not only of the officers to be elected 
at the town meeting, but also of the other matters that are 
to be attended to, so that they may act intelligently and 
with deliberation. Full proceedings of the meeting and 
all by-laws adopted are published for the benefit of the 
people of the town. 

24. Town Officers. — The officers of the town are three 
supervisors, who constitute the town board, a clerk, a 
treasurer, one or more assessors as determined by the town 
board, four justices of the peace, one or more constables, 
not exceeding three, as determined by the meeting, an 
overseer of highways for each road district, and a librarian, 
when the town has a library. Town officers are elected 
at the annual town meeting by the voters of the town, 1 
one of the supervisors being designated on the ballots as 
chairman of the board. No one can hold a town office 
who is not a qualified elector of the State, and all town 
officers must take an oath to support the State and the 
United States Constitutions. The term of office for all 
town officers is one year, except the justice of the peace, 
whose term is two years, and the overseer of highways, 
whose term is three years. Two of the justices are elected 
each year. 2 

25. Duties of the Town Officers. — The officers of the 
town enforce the rules and regulations adopted by the 

1 The overseer of highways is now appointed by the town board, 
instead of being elected by the voters. 

2 Town officers enter upon the discharge of their duties within ten 
days after election or appointment. 



TOWN GOVERNMENT. 35 

people in the town meeting, and perform such other duties 
as are required of them by the laws of the State. The 
general administrative power is vested in the town board, 
which has charge of all affairs not given to the other 
officers; they care for the town's property, draw orders 
upon the treasurer, have charge of all actions in which 
the town is a party, act as a board of audit, and as inspec- 
tors of election unless otherwise provided, may appoint 
fire-wardens outside of incorporated villages in the town, 
upon application, fill vacancies in most of the town offices 
whenever they occur, and form and alter school and road 
districts within the town. 1 

(a) The Clerk keeps all records and proceedings of the 
meetings of the town and of the town board ; transmits to 
the county clerk the names of the town officers, and to the 

1 When a school district is formed, the written order of the board, 
describing the boundaries of the district, is given to a " taxable inhabi- 
tant" therein, and directs him to notify the voters of the district to 
meet at the time specified for the purpose of organization and the elec- 
tion of officers. Thereafter regular meetings must be held each year on 
the first Monday in July (unless it is a legal holiday, when the meeting 
is held on the next day) at 7 P. m., unless a different hour was agreed 
upon at the last regular meeting. Special meetings may be called upon 
the written request of five legal voters. The district meeting may 
choose officers, designate a site for a school-house, vote taxes, within 
certain limitations, for various purposes, borrow money, fix the length 
of school term (but it shall not be less than six months), determine 
whether the teacher shall be male or female, make provision for defend- 
ing or prosecuting suits, and authorize the school board to furnish free 
text-books, and also to admit pupils outside of the district and to fix a 
tuition fee for the same. 

The officers of each district are a director, treasurer and clerk, whose 
terms are three years, but these are so arranged that one is chosen each 
year. These officers constitute the district board. Meetings are held 
whenever necessary. The board makes the rules and regulations for 
the government of the school, purchases maps, books, apparatus, flags, 
etc., hires the teacher, determines what text-books shall be used, visits 
the school, and advises and consults with the teacher in all matters per- 
taining to the welfare of the school. 



36 THE CIVIL GOVERNMENT OF WISCONSIN. 

clerk of the court the names of the constables and the jus- 
tices of the peace ; issues notices of elections and acts as 
clerk of elections ; assists in taking the State census : files 
and preserves papers relative to chattel mortgages, ceme- 
tery deeds, etc. ; has charge of the town library ; posts 
notices of all town laws; and performs such other duties 
as are required by law. 

(b) The Treasurer has charge of all the money belong- 
ing to the town ; keeps an itemized account of all receipts 
and expenditures ; collects the taxes, State, county and 
town, unless otherwise provided; pays out money only 
upon the warrant of the board, signed by the chairman 
and countersigned by the clerk ; and performs such other 
duties as may be prescribed by law. 

(c) The Justice of the Peace has concurrent jurisdiction 
and powers throughout the- county with other justices of 
the peace. He may administer oaths and affirmations, 
take depositions, acknowledgment of deeds, etc., issue sub- 
poenas for witnesses, solemnize marriages, and try minor 
civil and criminal cases. A civil case is a suit at law 
w T here the object is the recovery of property or rights vio- 
lated, and results in the payment of money or the restora- 
tion of the rights involved. The plaintiff or the person 
bringing the suit is usually an individual. A criminal 
case is a suit at law where the object is the punishment 
for wrong-doing or crime, and, in this State, results in the 
fining or imprisonment of the criminal. The plaintiff 
or the one bringing the suit is always the State. In civil 
matters the justice of the peace has the power to hear and 
decide cases where the amount in controversy does not 
exceed $200 ; in cases of greater amounts he has not the 
power to decide, but only to begin the suit. In criminal 
matters, the justice of the peace has the power to hear and 
decide cases wherein the punishment does not exceed six 
months' imprisonment in the county jail or $100 fine or 
both. In cases of greater punishment he has not the 



COUNTY GOVERNMENT, 37 

power to decide the case, but only to hold a preliminary 
examination and to commit the defendant to jail or to 
bind him over to the court where the case is triable. 
Where the justice of the peace has power to decide a case 
he is said to have final jurisdiction, though there may be 
an appeal from his decision to a higher court ; where he 
has power to begin a suit he is said to have original or 
initial jurisdiction. 

(d) The Constables are the peace officers of the town 
and the ministerial officers of the justice of the peace. 
They have the power to arrest any and all violators of the 
law, calling to their assistance, if necessary, inhabitants of 
the town, and the sheriff and his deputies. It is their 
duty to serve within the county any writ, order, notice, 
etc., as required by any court or officer. They may be 
required by the sheriff to attend the sessions of the circuit 
court in their county ; must cause to be prosecuted all vio- 
lators of the law of which they have knowledge ; and per- 
form such other duties as may be prescribed by law. 

(e) The Assessors are important officers and should be 
men of sound judgment. It is their duty to value the 
property — both real and personal — of the residents of the 
town for purposes of taxation. This valuation is made 
every year in the spring on blanks that are furnished for 
that purpose. 1 

County Government. 

26. Organization; Size. — There are seventy counties 
in Wisconsin, varying in population from a little over 1000 
(Forest county) up to 240,000 (Milwaukee county), with an 
average area of eight hundred square miles per county. 
These counties have been created by the State legislature 
from time to time as required by the increase of popula- 
tion. When the Constitution was framed in 1848, the 



1 See I 95, a. 
1) 



38 THE CIVIL GOVERNMENT OF WISCONSIN 

convention thought that an area of nine hundred square 
miles, or twenty-five congressional townships, would be of 
convenient size in the formation of counties, so this limit 
is embodied in the Constitution. How nearly the legisla- 
ture has conformed to it may be seen by the figures given 
above. After a county of the size indicated has once been 
established, the legislature cannot divide it without sub- 
mitting the matter to a vote of the people; but it may 
cut down a county of larger size — either establishing a new 
county, or adding to one of smaller size — without submit- 
ting the matter to a vote of the people. This limit of nine 
hundred square miles, therefore, was not intended to be 
inflexible, but simply a guide for the legislature to follow 
in organizing new counties in the more thinly settled por- 
tions of the State as population increased. 

27. County Seat. — Each county has a county seat, 
which is established by the county board at its first meet- 
ing after the new county is organized. The county seat is 
the place where the government of the county is conducted, 
and contains the county buildings and offices. The county 
seat may be removed to another place in the county when- 
ever the people choose, providing a majority vote in its 
favor, as prescribed by the general statutes. 

28. Government. — The Constitution provides for the 
establishment of county governments by the legislature of 
the State — the limitation being that there shall be but one 
system, which shall be as nearly uniform as practicable. 
The functions of the county are, to furnish the people with 
the necessary machinery for the administration of local 
self government and to provide an agency of a local 
character for the better administration of the laws of the 
State. The departments of government are, therefore, ex- 
ecutive, administrative, legislative and judicial, and the 
work of governing devolves upon the various officers and 
the county board of supervisors. 

29. The County Board. — The county board is com- 



COUNTY GOVERNMENT. 39 

posed of the chairman of each town board, the supervisor 
of each ward of a city, and the supervisor of each village 
within the county. Villages of 4000 inhabitants or over 
are allowed to send one supervisor for every 1000 of their 
inhabitants. If for any reason the chairman of the tow T n 
board cannot attend, any member of the town board may 
act in his place. 

The board is required to meet annually on the Tuesday 
next succeeding the second Monday in November. Special 
meetings may also be called as needed. The meetings are 
held at the county seat, and are open to the public — that 
is, any one conducting himself in an orderly manner may 
attend them. The proceedings are also published for the 
inspection of the people. A majority of the members 
constitutes a quorum, and any member who is absent 
without good cause or without an excuse from the board 
may be arrested and brought before the board. 1 At the 
first meeting, the board organizes by the election of a chair- 
man, who serves until the next board is elected and quali- 
fied. Motions are made, regulations are adopted, discus- 
sions take place, and business is conducted in accordance 
with parliamentary rules. The clerk of the county acts 
as clerk of the meeting, or a deputy is appointed. The 
board does a large amount of its work through committees 
appointed by the chairman. 

30. Powers and Duties of the County Board. — The 
Constitution provides that the legislature may confer upon 
the county board powers of a " local, legislative, and ad- 
ministrative character." 2 This has been done from time 
to time, so that to-day the county board may exercise the 
following important powers — many of the less important 
ones are omitted in this enumeration : It looks after and 
cares for all the buildings and property of the county ; 



1 In practice, however, this power is rarely exercised. 

2 Art. IV Sect. 22. 



40 THE CIVIL GOVERNMENT OF WISCONSIN. 

prescribes the form and manner of keeping the records of 
the county ; provides an official seal for the county and its 
officers ; examines and settles all accounts of the county ; 
levies all taxes needed to defray the expenses of the 
county and makes the county assessment; 1 fixes the sala- 
ries of county officers; makes out a list of jurors; may 
change the name and boundaries of any town or village, 
and also the name of any person within the county ; may 
incorporate literary, benevolent and scientific institutions, 
and establish asylums for incurable insane; may erect 
and construct a soldiers' monument at a cost not exceed- 
ing $10,000 ; may purchase lands for agricultural fairs, at 
a cost not exceeding $8000 ; may grant charters for roads, 
bridges, ferries, etc., and fix the rates of toll; may alter, 
vacate, or discontinue State roads ; and ipay allow boun- 
ties for the destruction of wild animals. 

31. The Other County Officers.— The work of the 
county board is mainly legislative, so that the administra- 
tion of the laws of the State and of the rules and regula- 
tions of the board devolves upon the other officers of the 
county. These are a clerk, treasurer, sheriff, coroner, 
register of deeds, surveyor, district attorney, clerk of the 
circuit court, and superintendent of schools. They are 
elected in the fall at the general election — the Tuesday next 
after the first Monday in November. Their term com- 
mences on the first Monday in January following, and con- 
tinues for two years. Vacancies, except in the office of 
clerk of the court, and in the office of county superinten- 
dent of schools, are filled by appointment by the governor 
for the residue of the term. A vacancy in the office of clerk 
of the court would be filled by appointment by the circuit 
judge, while that in the office of county superintendent 
would be filled by appointment by the State superinten- 
dent. Besides the officers named above there are also a 

1 See I 96, b. 



COUNTY GOVERNMENT. 41 

county judge, elected in April for a term of four years; 1 
and court commissioners appointed by the circuit judge 
for a term corresponding with that of the judge making 
the appointment.' 2 

32. Duties of the County Officers. — (a) The Clerk acts 
as clerk of the county and keeps the minutes of the meet- 
ings of the board, and a record of the resolutions, orders, 
and accounts, acted upon by the board ; keeps all accounts 
of the county, and of the money received and disbursed ; 
signs all orders for the payment of money ; notifies the 
State superintendent of schools, each year, of all resolu- 
tions of the board pertaining to the school funds ; notifies 
the secretary of State of all changes made in the organ- 
ization and boundaries of the towns and villages in the 
county ; and preserves all books, records and papers per- 
taining to his office. 

(b) The Treasurer is the custodian of the money be- 
longing to the county, and keeps an itemized account of 
all receipts and expenditures ; pays out money only on 
the order of the county board signed by the clerk and 
countersigned by the chairman — payments being made in 
the order of presentation ; also transmits to the State 
treasurer the State taxes collected within the county. 

(c) The Sheriff and the deputies appointed by him are 
the chief executive officers of the county, and also the 
ministerial officers of the courts within the county. The 
sheriff is the superintendent of the county jail, and the cus- 
todian of the prisoners therein, and keeps a record of the 
name, residence and offense of each person committed to 
the jail, also the time of commitment, and by whom 
committed. He attends the sessions of the circuit court 
and has charge of the jurors and the prisoners ; and at the 
beginning of each term of court he files with the clerk a 
list of his deputies. He serves, or causes to be served, all 

1 See I 74. 2 See \ 11, c. 



42 THE CIVIL GOVERNMENT OF WISCONSIN. 

writs, processes, orders, warrants, etc. as required by law. 
He is the peace officer of the county and therefore appre- 
hends offenders against the law ; when necessary he sum- 
mons to his assistance the posse commitatus? and if this is 
insufficient to quell disturbances or riots he may call upon 
the Governor for the militia of the State. 

(d) The Coroner is another executive officer of the 
county and acts as sheriff whenever there is a vacancy, 
serving notices and warrants upon him whenever he is a 
party to a suit, or an offender against the law. He also 
has the power and jurisdiction of a justice of the peace in 
holding inquests over the bodies of persons who are sup- 
posed to have met death by violence or accident. This 
inquest is an examination to determine the cause of death, 
and to bring to trial persons suspected of foul play 
in the matter. Witnesses are examined and a jury of six 
men is summoned to assist in deciding the case. The 
coroner is required to hold these inquests in counties of 
ninety-five thousand inhabitants or over, and may do so 
in all other counties. In most of the States this is the 
chief business of the coroner. 

(e) The Register of Deeds keeps a record of all deeds for 
property and of mortgages on real estate. These instru- 
ments of writing must be recorded before they are valid, so 
whenever they are presented the register of deeds or his clerk 
endorses on them the exact time they are received, speci- 
fying the day, hour and minute. They are then copied 
in the books of the office, and afterward returned to the 
persons w T ho presented them for record, upon the pay- 
ment of the fees required. He also records maps and 
plats of surveys of property ; and makes copies of docu- 
ments in his office, upon the request of any individual 
and the payment of the proper fees. The register of deeds 

1 The power of the county — citizens and inhabitants who are sum- 
moned by the sheriff to meet the exigencies of the occasion. 



COUNTY GOVERNMENT. 43 

is also required to keep certain vital statistics, such as the 
record of all marriages, births and deaths, occurring with- 
in the county. His books are also open to public inspec- 
tion and reference. 

(f ) The Surveyor makes surveys of land and property, 
streets, roads, ditches, etc., upon the order of the court or 
on the application of an individual or corporation. He 
keeps a careful record of all field notes taken, preserving 
them in his office, and makes accurate maps and plats of 
all surveys, which are properly recorded in books pro- 
vided for that purpose. All these books and records are 
carefully indexed, and open for inspection and consulta- 
tion by the public, and whenever any person wishes a copy 
of any records in his office it is the duty of the surveyor 
to furnish such copies upon demand and the payment of 
the fees required. The county surveyor may appoint 
deputies, and also employ chainmen and markers to assist 
in making surveys. Whenever he subdivides sections as 
established by the United States government surveyors, he 
acts in accordance with the directions and regulations of 
the Secretary of the Interior, as determined by the laws 
of the United States. 

(g) The District Attorney must be a person duly admit- 
ted to practice law. He is the legal adviser of the officers 
of the county and of the county board in all matters that 
pertain to the legal business required of them. He attends 
the meetings of the grand jury when requested by it, issues 
subpoenas for witnesses and examines them, and prepares 
bills of indictment and informations. 1 He prosecutes or 
defends in the circuit court all actions, civil and criminal, 
in which the county or the State is an interested party ; 
but if he should happen to be personally interested in any 
case, either directly or indirectly, the circuit court may 
appoint some one to act in his place ; it may also appoint 

1 See? 81, a.* 



44 THE CIVIL GOVERNMENT OF WISCONSIN. 

an assistant in particular cases. In counties of 100,000 or 
over the district attorney may appoint an assistant district 
attorney. 

(h) The Clerk of the Circuit Court keeps an accurate rec- 
ord and a brief history of every case — criminal and civil 
— that comes into court, stating the names of the parties 
involved, of the attorneys, the witnesses, and the jurors 
in the case, the manner in which the suit is brought, the 
date of filing all papers, the motions and orders made dur- 
ing the progress of the trial, the verdict of the jury, and 
everything that enters into the record of the case from 
the beginning to the end of the suit. For these purposes 
various books, such as " court record," "criminal record," 
"minute book," "judgment and order book" — are pro- 
vided. He also keeps other books wherein he records 
all appointments of court commissioners, deputy sheriffs, 
notaries public, the official term of all justices of the 
peace in the county, and certificates issued to witnesses, 
jurors, sheriff, etc. He is also required to register the 
names of all persons who declare their intention of be- 
coming citizens of the United States, and of those who 
shall be admitted to citizenship by the court, in compli- 
ance with United States laws. He also, each year, notifies 
the secretary of State of all the persons who have been 
elected justices of the peace within the county, and have 
filed their official bonds. He also administers oaths to 
witnesses and jurors. 

(i) The County Superintendent exercises a general super- 
vision over the schools of the county. He examines teach- 
ers and issues certificates to them ; also, under certain con- 
ditions, annuls certificates. He visits the schools under 
his care at least once each year, to inquire into their course 
of study, instruction, discipline and management ; also to 
inspect the construction, heating and ventilation of the 
school buildings, as well as the general conveniences and 
comforts of the grounds and surroundings. He counsels 



VILLAGE GOVERNMENT. 45 

and advises with the teachers and school boards regarding 
the condition and work of the schools, and organizes and 
conducts teachers' institutes for the benefit of the teachers. 
He must attend each year, at least one of the conventions 
of county superintendents, held by the State superintend- 
ent, for the purpose of consultation and advice in school 
matters. He must make a report each year to the county 
board of supervisors regarding the condition of the schools, 
and also send to the State superintendent the names of the 
district clerks in his county, as well as such other infor- 
mation as may be called for. The county superintendent 
may not teach or engage in any other occupation that 
would interfere with his duties while holding the office ; 
nor is any person eligible to the office of county superin- 
tendent who has not taught in the public schools of the 
State at least eight months, and who does not hold a 
county superintendent's certificate, or a certificate entitling 
him to teach in any public school of the State. 

(j) The County Judge. — His powers and duties are de- 
scribed hereafter. 1 

Village Government. 
33. General. — Villages are governed in two ways — 
either they have a special charter, or they are organized 
under a general law passed by the legislature. 2 Provision 
w T as made by the legislature by which villages having spe- 
cial charters might change to the government under the 
general law ; and though many have not seen fit to do so, 
it would be more convenient and better were all villages 
governed in this way, and more just for them to possess 
equal privileges. All the provisions relating to villages 
which are given in the following sections apply to those 
which are organized and governed under the general law. 

1 See U 74, 75. 

2 Special charter legislation was forbidden by a constitutional amend- 
ment in 1871 (see also \ 3, c). 



46 THE CIVIL GOVERNMENT OF WISCONSIN. 

34. Incorporation. — Whenever the population of a 
locality becomes so dense as to need a government inde- 
pendent of the town, the statutes provide for the organi- 
zation of a special government and the incorporation of 
the place as a village. When this proposed village lies 
wholly within one county, the population required is at 
least 300, and the area must be at least one-half square 
mile ; and when it lies on the boundary line between 
different counties, the population required is at least 400, 
and the area must be at least one square mile. 

Whenever the people of such a community wish to be 
incorporated as a village, they must first have a survey 
and a map of the territory made, and a census of the in- 
habitants taken, unless it is proposed to use the last census. 
These data are left open to inspection for a certain length 
of time ; and a notice is given that an application will be 
made to the circuit court for incorporation. This applica- 
tion is in the nature of a petition, signed by at least five 
taxpayers and residents, and is accompanied by the sur- 
vey, map and census. The court sets a time for a hearing 
on this petition, which is made known to the people, who 
may then present arguments on both sides, to the court, 
which may or may not grant the petition. If the court 
decides to grant the petition, it orders an election to be 
held within sixty days in the proposed village, to deter- 
mine finally upon the matter, and the people vote " yes " 
or " no " on the question. A majority decides. If the 
decision is in favor of incorporation, the result and all the 
papers pertaining to the matter are recorded in the office 
of the county register of deeds, and also with the village 
clerk after his election. 1 

1 In 1896, the Supreme Court declared this method of incorporation 
to be unconstitutional, because it conferred a discretionary legislative 
power upon the courts. But the legislature which is in session at 
present (1897) will probably legalize the acts of all villages incorpo- 
rated by this method, and pass a new law on the subject. 



VILLAGE GOVERNMENT. 47 

35. Officers. — The officers of a village are a president 
and six trustees, constituting the village board ; a clerk, 
treasurer, supervisor, marshal, constable, police justice, 
and two justices of the peace ; and such other officers as 
the village board may appoint. These officers are elected 
for one year, with the exception of the police justice and 
the justices of the peace, who are elected for two years. 1 
The election is held on the first Tuesday in May. 

36. The Village Board is the general legislative body 
for the village and may make all rules, regulations, ordi- 
nances and by-laws necessary for the good government of 
the village, as specified in the laws of the State. Villages 
having a population of 2900 or over have some powers not 
possessed by smaller ones. All village ordinances must 
conform to the State laws and the Constitution, and also 
to the special charter, if it is governed by such instead of 
by the general law. 

37. Duties of the Officers. — (a) The President is the 
chief executive officer of the village and is responsible for 
its peace and good order ; and in case of disturbance or riot 
he may appoint as many special marshals as shall be 
necessary. He presides over the meetings of the board, 
and signs all ordinances, rules, regulations, commissions, 
licenses and permits adopted by them ; also all orders 
drawn upon the treasurer. He has a vote as a trustee. 

(b) The Clerk must attend meetings of the board and 
keep a record of its proceedings ; must countersign and 
publish all ordinances, rules and regulations adopted by 
the board ; and must draw and countersign all orders 
upon the treasurer, as voted by the board. He is the 
custodian of the village seal and must keep safely all 
records, books and papers committed to his charge. He 
also acts as clerk of election and keeps a record of elec- 

1 They take the oath of office and enter upon the discharge of their 
duties within ten days after election or appointment. 



48 THE CIVIL GOVERNMENT OF WISCONSIN. 

tion proceedings, giving notice of elections and the officers 
to be elected, notifying persons of their election, and trans- 
mitting the returns to the proper county and State officers, 
as specified by law. 1 

(c) The Treasurer is the custodian of the money of the 
village and must keep an accurate account of all receipts 
and expenditures, with vouchers for the same, and report 
in detail to the board annually and at other times as re- 
quired by law. He is not to pay out money except as 
voted by the board and upon the written order of the 
president, countersigned by the clerk. 

(d) The Supervisor is the representative of the village 
in the county board whose duties have already been de- 
scribed. 2 

(e) The Marshal is the ministerial officer of the board 
and must obey all their lawful written orders. He is also 
the police officer of the village, and is authorized to arrest, 
with or without process, 3 persons who become intoxicated, 
who engage in any disturbance of the peace, or who vio- 
late any State law or ordinance of the village. He may 
command the assistance of all persons and bystanders, 
whenever necessary. 

(f ) The Constable has similar duties to those prescribed 
for the town constable, which have been given. 4 

(g) The Police Justice has the power of a justice of the 
peace and presides over the police court, having exclusive 
jurisdiction of all cases arising under the laws, ordinances, 
and regulations of the village, and concurrent jurisdiction 
of all criminal cases within the limits of the village. He 
also has the power to administer oaths and affirmations, 
take depositions, acknowledgment of deeds, and other in- 
struments in writing. 

1 See I 89. 2 See §g 29, 30. 

3 An arrest " without process " is one made upon the exigencies of 
the occasion, without awaiting the orders of the board or the courts. 
4 See? 25, d. 



CITY GOVERNMENT. 49 



City Government. 



38. Incorporation. — Cities are formed out of villages. 
As population increases, the needs of the people increase, 
and these wants are met by the incorporation of a city with 
enlarged powers. The first step is the filing of a petition 
by 100 or more electors, with the village board, or with 
the proper town board of supervisors, to have the question 
of incorporation submitted to a vote of the people. If it 
is purposed to include any adjacent territory as a part of 
the proposed city, the consent, in writing, of a majority of 
the electors, and of the owners of at least one-third of the 
taxable property in the adjacent territory shall be pre- 
sented with the petition. Upon the petition being received, 
the village trustees or the town board, at a regular meeting, 
may pass a resolution to submit the question to vote. 
This resolution must determine the number and bounda- 
ries of the wards in the proposed city; fix the time of 
voting, to be not earlier than six weeks ; specify the place 
where the electors of the adjacent territory shall vote; 
and provide for taking a census, unless it is proposed to 
classify the city according to the last State or National cen- 
sus. The result of the election is certified by the village 
clerk, or the clerk of the town (according as the petition 
was made to the village trustees or the town board), to the 
secretary of State, whereupon a patent is issued by the 
governor, specifying the number and boundaries of the 
wards of the city. This patent is recorded in the office of 
the secretary of State and the city becomes a body cor- 
porate and politic, endowed with the powers of a munici- 
pal corporation at common law and with such other pow- 
ers as may be conferred by the laws of the State. 

39. Organization of the Government. — Within ten days 
after incorporation, the village board or the town board is 
required to fix a time for the election of officers of the city, 
designating the voting-places and appointing three inspec- 

4— Wis E 



50 THE CIVIL GOVERNMENT OF WISCONSIN. 

tors of election at each polling-place. Notice of election 
is given by the clerk (either of village or town, as the case 
may be), at least ten days before the election is to be held, 
by publication in the newspapers and by posting in three 
public places. The votes are counted by the inspectors and 
the returns made to the village or town board, who within 
one week canvass the returns and declare the results, and 
the clerk (village or town) notifies the persons elected and 
issues to them their certificates of election. The persons 
elected to office are installed by taking an oath to support 
the Constitution of the State, and of the United States, and 
by executing a bond when required. 

Such is the organization of cities under the general law, 
but like villages, cities are governed in two ways — those 
that were organized prior to 1889 have charters, while 
those organized since are governed by the generallaw. 1 
A city which is now governed by a charter may abolish 
the charter, by a three-fourths majority vote of the coun- 
cil, and take up government under the general law, if it 
sees fit to do so ; but as a rule those which have a charter 
have preferred to remain under the charter government. 
It would be much better if all were governed alike. 2 

40. Government under the General Law : Classes. — 
For convenience in legislation, cities are divided into four 
classes according to population : those having a popula- 
tion of 150,000 or over constitute the first class ; those 
between 40,000 and 150,000 constitute the second class ; 
those between 10,000. and 40,000 constitute the third class ; 

1 In 1892 a constitutional amendment was adopted prohibiting in- 
corporation by special charter. See Const. , Art. IV. Sect. 31 ; Amend. 
1892. 

2 The cities which up to the present time (1897) have adopted the 
general law are: New Richmond, Tomahawk, Mineral Point, Evans- 
ville, Sturgeon Bay, Tomah, Rhinelander, Jefferson, Prescott, Waukesha, 
Glenwood, Kewaunee, Edgerton, Shawano, Ripon, Marinette and Black 
River Falls. 



CITY GOVERNMENT. 51 

and those between 1500 and 10,000 constitute the fourth 
class. A city may pass from a lower to a higher class 
whenever it has sufficient population and the common 
council makes proper provision for the necessary change 
in the government. 

41. Functions. — Cities are governed by their own offi- 
cers, and their functions are fourfold — legislative, execu- 
tive, administrative, and judicial. Some of the officers 
are appointed, but for the most part they are elected by 
the qualified voters of the city. The Constitution of the 
State and the laws made by the State legislature specify 
who are the qualified voters in all elections — whether Na- 
tional, State or local — that are held in the State, and also 
indicate the manner in which the votes are to be cast, as 
well as fix the time of voting. 1 

42. Wards. — For the purpose of securing proper repre- 
sentation of the people in the making of city laws, and 
also for facilitating the administrative work of the city 
government, cities are divided into wards, whose number 
and size is dependent upon the population of the city. 
The w T ard boundaries may be changed by a three-fourths 
majority vote of the city council, but they must conform 
to the provisions of the statutes regarding contiguity and 
population. 

43. Officers in the Different Classes. — The cities of the 
second, third and fourth class have the same officers, as 
follows: a mayor; two aldermen, a justice of the peace, 
constable and supervisor, from each ward ; a treasurer, 
clerk, comptroller, attorney, assessor, engineer, chief of 
police, city physician, street commissioner, chief of fire 
department, board of public works, board of school com- 
missioners, policemen, and such other officers or boards as 
the common council may deem necessary. The range of 
population embraced in cities of the second, third and 

1 See Chapter VI. 



52 THE CIVIL GOVERNMENT OF WISCONSIN 

fourth classes is from 150,000 to 1500, and it might be that 
the smaller cities would not need all of these officers ; so 
provision is made in the statutes by which certain officers 
may be dispensed with and their duties be performed by 
the others. This may be done by a two-thirds majority 
vote of the common council, and the officers that may be 
dispensed with, are street commissioner, city engineer, 
comptroller, and board of public works. 

The officers of cities of the first class are: a mayor; 
two aldermen, a tax commissioner and assessor, justice of 
the peace, and constable from each ward ; a treasurer, 
comptroller, attorney, clerk, city engineer, board of public 
works, school board, board of commissioners of the public 
debt, board of health, one or more city physicians, chief 
of police, chief engineer of the fire department, one or more 
harbor masters where required, assessors, policemen, bridge 
tenders, firemen, street commissioners, and such other 
officers as the common council shall deem necessary. 

44. The Term of Office, for all officers except justice 
of the peace, in all classes of cities, is one year, unless the 
common council should provide a longer term, which op- 
tion is given by the statutes. The term of justice of the 
peace is fixed by the statutes, and is two years. 

45. Election and Appointment. — The mayor, treasurer, 
comptroller, assessors, aldermen, justices of the peace and 
supervisors are elected by the people on the first Tuesday 
in April. The other officers may be appointed by the 
mayor, subject to confirmation by the council; or they 
may be elected by the common council — as shall be de- 
termined by ordinance. 1 

46. Salaries. — The council fixes such compensation as 
it deems proper for all city officers ; but in cities of the 
second, third and fourth class no salary can be paid to 

1 They take the oath of office and enter upon the discharge of their 
duties within ten days after election or appointment. 



CITY GOVERNMENT. 53 

the mayor or members of the council except as ordered 
by a three-fourths majority vote of all the members elected 
to the council. 

47. Vacancies. — These may be caused by death, resig- 
nation, removal from the city or ward, and failure to 
" qualify and enter upon the discharge of the duties of 
the office," and also by removal from office. They are 
filled by appointment by the mayor and confirmation by 
the council, except in the case of the mayor, who is 
elected. 

48. Removals. — The common council by a three-fourths 
majority vote of all its members may remove, for cause, 
any officer of the city. Opportunity must be given the 
officer for a hearing in his own defense, and the council 
has power to compel the attendance of witnesses at the 
hearing. When charges have been preferred against an 
officer, the mayor may suspend him until his case shall 
be heard and disposed of, and in the meantime fill the 
vacancy temporarily by appointment. 

49. The Common Council in all classes of cities is 
composed of the mayor and aldermen. 1 The council is 
required to hold its first meeting in each year on the third 
Tuesday of April, and thereafter to meet regularly on the 
first Tuesday of each month. Special meetings may be 
called by the mayor whenever needed. The council de- 
termines its own rules; is judge of the election and quali- 
fications of its own members ; may compel the attendance 
of its members at its meetings, employing the police, if 
necessary; may punish its members or other persons 
attending its meetings for disorderly behavior; may fine 
or expel members for neglect of duty or unnecessary ab- 
sence from meetings, and must conduct its business in 
open session. As further means of publicity the laws 

1 A bill is pending in the present legislature (1897) to make the 
legislative body of cities consist of two houses instead of one. 



54 THE CIVIL GOVERNMENT OF WISCONSIN 

require voting on confirmations and financial measures 
to be viva voce and recorded in the journal kept by the 
clerk ; and they also require the " ayes " and " noes " to be 
taken when demanded by any member. A quorum con- 
sists of two-thirds of the members. At the first meeting 
in each year the council chooses from its members a pres- 
ident who acts as mayor in his absence or disability. In 
cities of the first class the president presides over the 
council meetings ; in cities of the other classes he presides 
only when the mayor is absent. 

50. Powers and Duties of the Common Council. — 
The common council is the legislative body for the city, as 
the village board is for the village. The laws of the State 
prescribe and enumerate the specific matters upon which 
the council may legislate, and require that all ordinances, 
rules and regulations made by the council shall be in con- 
formity with the State Constitution and laws, and also the 
United States Constitution and laws. The council is, 
therefore, vested with the management and control of the 
finances of the city, and may grant licenses, levy taxes, 
and borrow money, issuing bonds therefor, under the lim- 
itations prescribed in the laws and the Constitution. 1 The 
council also has the control of the public property of the 
city, such as buildings, streets, markets, parks, cemeteries, 
etc., and may make needful rules and regulations concern- 
ing them. The council may pass such ordinances and by- 
laws as are needed for the government and good order of 
the city, for the benefit of trade and commerce, for the 
health of the people and for the prevention of crime; and 
impose penalties and punishments for the violation of 
these rules and regulations. In accordance with these 
powers, police and fire departments are organized, and 
boards of health are established ; persons engaged in 
certain occupations, such as gamblers, peddlers, showmen, 

1 See Art. XL Sect. 3 ; also Amend, 



CITY GOVERNMENT. 55 

butchers, manufacturers of gunpowder, soap, etc., are 
placed under certain restrictions and prohibitions ; fast 
driving and racing is prohibited ; bells and lamps may be 
required on bicycles ; the size, weight and quality of a loaf 
of bread may be prescribed, as well as the inspection of 
weights and measures by the city sealer of weights and 
measures, and the punishment for the use of false weights 
and measures ; the construction of buildings and the ma- 
terials used may be regulated ; and numerous other de- 
tails in the interest of public safety and good government 
arising from the massing of people in cities, are the sub- 
jects of legislation and control by the council. 

51. Duties of the Officers. — (a) The Mayor has differ- 
ent powers and duties in the different classes of cities, but 
his ordinary duties are as follows : He is the chief ex- 
ecutive officer, and the head of the fire and police depart- 
ments. He sees that the laws of the State and the ordi- 
nances of the city are enforced, and that the officers of 
the city discharge their duties. He recommends such 
measures to the council from time to time, as he deems 
necessary. He signs licenses, contracts, permits, and 
claims granted or allowed by the council. He has the 
veto power. He has the power of appointing certain 
officers and boards, such as policemen, boards of public 
works, health commissioners, etc. In most cases appoint- 
ments are subject to confirmation by the council. 

(b) The Clerk has the care and custody of the corporate 
seal and of the papers and records of the city. He is re- 
quired to attend meetings of the common council and keep 
the minutes of their proceedings, and to record all ordi- 
nances, bonds and licenses ; also to draw and sign orders 
upon the treasurer, as voted by the council. He keeps an 
account with the treasurer and makes a financial statement 
at the close of each fiscal year showing the receipts and 
disbursements for that year, which is published in the 
official papers of the city. He has power to administer 



56 THE CIVIL GOVERNMENT OF WISCONSIN, 

oaths and affirmations that are authorized to be taken by 
and under the laws of the State. He may appoint a dep- 
uty to assist him in the work of his office and to act in 
his place in case of disability or vacancy until the disabil- 
ity is removed or the vacancy filled. The clerk also has 
such other powers and duties as may be prescribed by the 
general laws of the State; and in cities of the second, 
third and fourth classes he is ex officio secretary of the 
board of public works, and of the board of school com- 
missioners. 

(c) The Treasurer collects all city, county and State taxes 
for the city ; and receives and pays out money belonging 
to the city, of which he must keep detailed and accurate 
accounts, arranging them according to each separate fund 
in his custody. He is required to make a monthly report 
to the council of all his receipts and expenditures, and to 
file an annual report with the city clerk. His books are 
open to inspection at all reasonable times by any voter of 
the city. He is paid a salary fixed by the council before 
his election, and is not allowed to receive fees or a per diem. 

(d) The Comptroller has different powers and duties in 
the different classes of cities, but his ordinary duties are 
as follows : He makes an annual report of the expenses 
of the city and its wards for the last fiscal year, together 
with an estimate of the probable expense and income from 
sources other than taxation for the ensuing year. He ex- 
amines the city orders, and the estimates and contracts 
made by the board of public works, and must countersign 
them before they are valid. He files with the clerk a list 
of all special taxes to be levied, and reports monthly to the 
council the condition of the several funds of the city, and 
all outstanding debts against them. He audits and ad- 
justs all claims and demands against the city, before they 
are considered and allowed by the council. He examines, 
each month, the accounts of the treasurer, and reports as 
to their correctness. He may administer oaths, swear wit- 



CITY GOVERNMENT. 57 

nesses, and take testimony whenever needed in the per- 
formance of his duties. He may also appoint a deputy, 
who shall assist in his work and act in his absence and 
disability. He keeps a record of all his official acts, which 
is open to inspection by the public. 

(e) The Attorney conducts the official law business of the 
city, and furnishes written opinions when called for, upon 
subjects submitted to him by the mayor, council, or other 
officers of the city. He keeps a docket of all cases in 
w T hich the city is interested and a statement of all matters 
pertaining to them. He drafts ordinances, bonds, con- 
tracts, etc., as required by the officers of the city. He 
examines and inspects tax rolls and assessments and all 
proceedings relative to the collection of taxes. He has 
the power to appoint an assistant who shall help in the 
work of the office, and during disability or vacancy. 

(f) The other officers, such as the justices of the peace, 
constables, assessors, and supervisors, have duties like 
those of the corresponding town and village officers. 1 The 
board of public works looks after the public works of the 
city, and keeps all streets, alleys, sewers, buildings, parks, 
etc. in proper condition. The board of school commis- 
sioners looks after the organization, management and con- 
trol of the schools of the city, and establishes rules and 
regulations for their conduct. The board of health looks 
after the health of the city, and makes such rules and 
regulations as may be necessary concerning quarantine, 
the cleaning of premises, and the prevention of the spread 
of contagious diseases. They have many important pow- 
ers. The duties of the other officers are in a general way 
indicated by their names, and are such as may be pre- 
scribed by the council, in addition to those specified in the 
general laws of the State. 

'See §§25, 29. 




Nelson Dewey, First Governor of the State of Wisconsin. 

CHAPTER V. 

STATE GOVERNMENT. 

<K>XKO« 

52. Departments. — In most of the States only three 
departments of government — legislative, executive and 
judicial — are provided for ; but the Constitution of Wis- 
consin names a fourth — the administrative. This depart- 
ment is directly connected with the executive department 
in the character of its work, and no special gain is realized 
by making the separation. 

The Legislative Department. 

53. Members ; Apportionment. — The legislative power 
of the State is vested in a legislature, composed of a Sen- 
ate and an Assembly. 1 The Assembly can never have less 
than fifty -four nor more than one hundred members ; and 
the Senate cannot have less than one-fourth nor more 

1 See Const, Art. IV. Sect. 1. 
58 



THE LEGISLATIVE DEPARTMENT 59 

than one-third of the number of members of the Assem- 
bly. Within these limits, fixed by the Constitution, 1 
the legislature determines the number of members in 
each house. The maximum membership was reached in 
1862, and since then, the Assembly has had one hun- 
dred members and the Senate thirty-three. In order that 
these may be equally distributed over the State, and the 
people properly represented in the making of laws, the 
Constitution 2 requires a new apportionment to be made 
after each census ; and since a State census is taken mid- 
way between every National census, the apportionment is 
made every five years. According to the present popula- 
tion of the State, the apportionment is one assemblyman 
for about every 20,000, and one senator for about every 
60,000. The apportionment is made at the first session 
of the legislature after each census, and consists in divid- 
ing the State into assembly and senatorial districts on the 
basis of the population as required. In making these 
districts, the legislature is required to form them of con- 
tiguous territory and to bound them by county, town, pre- 
cinct or ward lines; and no assembly district may be 
divided in the formation of a senatorial district. 3 

54. Election ; Qualifications. — Members of the legis- 
lature are chosen by the qualified electors * of the respec- 
tive districts, on the Tuesday after the first Monday in 
November, biennially, in the even-numbered years. The 
term of office for assemblymen is two years, and there is 

1 See Art IV. Sect. 2. 2 See Art. IV. Sects. 3-5. 

3 Many of the apportionments of the State have been unconstitu- 
tional, because the political parties, in their eagerness to secure as large 
a representation as possible in each house, have disregarded the man- 
dates of the Constitution. The supreme court has twice, since 1891, 
declared the apportionment to be unconstitutional ; and the legislature 
of 1895 appointed a committee to draft a bill for apportionment that 
should conform strictly to the Constitution. Probably action will be 
taken on this by the present legislature (1897). * See \ 85. 



THE LEGISLATIVE DEPARTMENT 61 

a new Assembly every legislature ; but the term of office 
for senators is four years, and the Senate is a continuous 
body — one-half of its members holding over from one legis- 
lature to the next, for the Senate districts are numbered in 
regular series and the odd-numbered districts elect at one 
time, while the even-numbered districts elect two years 
later. Members of the legislature must be qualified elec- 
tors of the district which they represent, 1 and they may 
not, when elected or while members, hold any civil or 
military office under the United States; 2 neither may 
they, while members, be appointed or elected to any civil 
office within the State, which they have been instru- 
mental in creating, or the emoluments of which they 
may have been instrumental in increasing; 3 nor may 
they, or any State officer be interested in any contract 
for State printing. 4 

Vacancies in either house may occur from various causes, 
such as death, resignation, expulsion, accepting a United 
States office, etc. ; and when they do occur they are filled 
by a new election, ordered by the governor, in the district 
in which the vacancy exists ; and the person so chosen 
holds office for the residue of the term only. 

55. Salary. — Members of the legislature at present re- 
ceive a compensation of $500 for each regular session, and 
mileage at the rate of ten cents a mile going to and return- 
ing from the place of the meeting of the legislature by the 
most usual route. They receive no compensation for spe- 
cial sessions, except mileage, the same as for regular ses- 
sions. No perquisites of any kind, such as stationery, 
postage, newspapers, etc. are granted or allowed. 5 The 
speaker of the House also receives $500 as speaker, in 
addition to his compensation as a member. 6 

1 See Const. Art. IV. Sect. 6. 2 See Const. Art. IV. Sect. 13. 

3 See Const. Art. IV. Sect. 12. 4 See Const. Art. IV. Sect, 25. 

5 See Const. Art, IV. Sect. 21, Amend. 1881. 

6 Annotated Statutes 1889, sect. 111. 

F 



62 



THE CIVIL GOVERNMENT OF WISCONSIN 



56. Privileges. — Members of the legislature are the 
representatives of the people, and the custodians of their 
rights. It was highly important therefore in ages past, 
when the people were beginning to secure their rights in 
the matter of government, that their representatives should 
be free and untrammelled in the exercise of their powers. 
Accordingly, certain privileges were demanded by them, 
which are still retained and regarded as vital safeguards 
of our liberties. Thus members of the legislature are 
privileged from arrest during their whole term of office, 
except for treason, felony, and breach of the peace. Trea- 
son is defined by the Constitution; 1 felony is an offence 
punishable by imprisonment in the penitentiary ; and 
breach of the peace is disorderly conduct or indecent be- 
havior, such as assault and battery, or disturbing public 
order. It is indeed proper that members of the legisla- 
ture should be subject to arrest for these offences, which 
render them unworthy and unfit to represent the people 
and their rights ; but on the other hand it is also proper 
that they should not be arrested for other matters, since 
they might be unduly kept from attending to their duties, 
thereby crippling or stifling the rights of the people. For 
the same reasons no civil process may be issued against a 
member of the legislature during its session nor for fifteen 
days before and after ; furthermore, members of the legis- 
lature are not liable in any civil action or criminal prose- 
cution for anything they may say in debate during the 
session of the legislature. It is necessary for the public 
good that they should have the utmost freedom of speech, 
so that their thoughts about men and measures may be 
expressed absolutely without fear or favor. 2 Thus it is 
that the people's representatives are protected in the ex- 
ercise of the powers delegated to them. 



1 See Art. I. Sect. 10. 

2 See Const Art. IV. Sect. 



16. 



THE LEGISLATIVE DEPARTMENT 63 

57. Meetings ; Organization. — The Constitution re- 
quires the legislature to meet once in two years and no 
oftener, unless the governor convenes it in special ses- 
sion. It is required to meet at the seat of government, un- 
less a contagious disease or an invasion renders it necessary 
for the governor to convene it elsewhere — the time for 
meeting to be fixed by law ; * accordingly, the legisla- 
ture meets in Madison at twelve o'clock noon, on the 
second Wednesday of January in the odd-numbered years, 
and organization takes place immediately. The Senate, 
being a permanent body, as already explained, is or- 
ganized in a simple manner. The lieutenant-governor, 
who is ex officio president of the Senate, calls it to order 
and the oath, of office is administered to the new mem- 
bers, and the Senate is then ready for business. The 
Assembly, however, is a new body, though many of its 
members may have sat in the previous legislature, and 
its organization is effected as follows : The chief clerk 
of the previous Assembly calls the meeting to order, and 
reads a certified statement, which has been handed him 
by the secretary of State, of the names of the members- 
elect. The members advance to the clerk's desk, and 
take the oath of office, which is usually administered by 
one of the judges of the supreme court; the roll is then 
called, and if a quorum is found to be present, the house 
proceeds to elect its officers. If, however, the political 
parties have not yet selected their candidates for these of- 
fices, an adjournment takes place until the next day. The 
Assembly chooses a speaker, clerk and sergeant-at-arms ; 
the speaker is a member, the others are not. Voting is viva 
voce. As soon as the speaker is chosen — and the contest is 
frequently an exciting one — he is conducted to the chair, 
and then takes charge of the meeting. When the other 
officers are elected and sworn in, notice is sent to the 

1 See Canst. Art IV. Sect. 11, Amend. 1881 ; and Art. V. Sect. 4- 



THE LEGISLATIVE DEPARTMENT. 65 

Senate that the Assembly is organized. After this a joint 
committee of both houses is appointed to inform the gov- 
ernor that the legislature is organized and ready to hear 
any communication from him. It is usually the custom 
for both houses of the legislature to meet in joint session 
in the Assembly chamber on the day and at the hour 
suggested by the governor, to receive the message, though 
they have sometimes received it separately. The message 
is usually read by the governor, though sometimes it is 
read by his private secretary, and sometimes by the clerk 
of one of the houses. 

58. Officers. — Each house has its own officers, some of 
whom are elected and some appointed. The elected officers 
in the Assembly are the speaker, chief clerk, and sergeant- 
at-arms; and in the Senate they are the president pro tem- 
pore (one of its members), chief clerk, and sergeant-at-arms. 
Besides these there are a number of clerks for various pur- 
poses, such as enrolling clerk, engrossing clerk, transcrib- 
ing clerk and committee clerks ; also doorkeepers, attend- 
ants, a postmaster and messengers or pages, usually boys. 
None of these are members ; all are appointed, and they 
have numerous and varied duties. 

59. Committees. — Each house also has its own stand- 
ing committees for attending to legislation, and these are 
selected as soon after organization as possible. 1 In the 
Assembly the committees are appointed by the speaker, 
while in the Senate they are appointed by a resolution — 
the political party having the majority agrees in a caucus 
upon its members for the different committees, and then 
the list is handed over to the other party to fill out. The 
number of members composing the committees is deter- 
mined by each house, and varies greatly ; but the usual 

1 In the present legislature (1897) the Assembly has twenty-five 
standing committees and the Senate twenty, and there are four joint 
committees. 

5— Wis 



66 THE CIVIL GOVERNMENT OF WISCONSIN. 

number is three in the Senate and five in the Assembly, 
though some committees have as many as eleven mem- 
bers ; thus the same member of the legislature may serve 
on two or three different committees. Some of the im- 
portant committees are those on the judiciary, State affairs, 
education, taxation, town and county organization, cities, 
incorporations, public improvements, manufactures and 
commerce, and railroads. These committees have their 
own organization — a chairman and clerks — and hold meet- 
ings where all matters referred to them are discussed, lob- 
byists are heard and investigations made. It is here that 
three-fourths of the work of legislation is effected, for unless 
a bill is favorably reported to the legislature by a commit- 
tee, it is practically killed. 1 

60. Sessions; Order of Business. — The legislature 
may continue in session as long as it chooses, since no 
limit is set by the Constitution, but it adjourns ordinarily 
after sitting from two to three months. The hour for con- 
vening on each day is determined by each house for itself, 
and is ordinarily ten o'clock in the morning. No business 
can be attended to unless a quorum — i. e. a majority of 
the elected members of each house — is present; but a 
smaller number of each house may meet and adjourn 
from day to day and compel the attendance of absent 
members. 2 Before a vote can be taken on the final 
passage of any financial bill, three-fifths of the members 
elected are required to be present in each house, to con- 
stitute a quorum. 3 The order of business which each 
house follows is determined by itself, but in the main it is 
the same in both houses. After roll-call and the correc- 

1 In addition to the standing committees, select committees are also 
appointed as occasion may require. Although committees are very 
useful in expediting and facilitating legislation, and therefore serve a 
good purpose, yet they are also the places where most of the log-roll- 
ing, bribery and corruption occur. 

2 See Const. Art. IV. Sect. 7. 3 See Const. Art. VIII. Sect. 8. 



THE LEGISLATIVE DEPARTMENT 67 

tion of the journal, each house is ready to receive petitions, 
memorials and communications. Resolutions may then 
be offered and considered, after which opportunity is given 
for the introduction of bills. Reports of committees are 
next taken up, and then communications from the gov- 
ernor and messages from the other house are considered. 
Lastly, there is the consideration of the bills that have 
been introduced, and are ready for the third reading pre- 
paratory to their final passage. The legislature is a delib- 
erative bod} 7 and its meetings are subject to the general 
rules of parliamentary law — modified, however, as each 
house may determine for itself. 

61. Making the Laws. — The Constitution requires all 
laws to be enacted by bill. 1 This prevents the adoption 
of resolutions by either or both houses, that shall have the 
force of laws. The Constitution also requires that no 
private or local bill shall embrace more than one subject, 
which must be expressed in the title. 2 This prevents 
combining several private or local matters in one measure 
to get for each the support of all interested ; it prevents, 
also, attaching " riders," or some bill of little moment that 
could not pass if attention were called to it, to a bill that 
all are interested in, thus securing the passage of both ; 
and further, it prevents the passage of objectionable meas- 
ures by titles that do not express their contents. 

A bill may be defined as a proposed law ; but before it 
becomes a law it must either (1) be passed by both houses 
and signed by the governor ; or (2) be passed by both 
houses, vetoed by the governor and passed over his veto 
by a two-thirds majority in each house ; or (3) be passed 
by both houses and then kept by the governor, without 
signing, for more than three days (Sundays excepted), 
unless the legislature should, by adjourning, prevent its 
return within this time. 3 

1 See Art IV. Sect. 17. 2 See Art. IV. Sect. 18. 

3 See Const. Art. V. Sect. 10. 



68 THE CIVIL GOVERNMENT OF WISCONSIN 

The manner in which the legislature considers a bill 
before it goes to the governor is as follows : The bill may 
originate in either house, 1 but let us suppose it originates 
in the Assembly. It is introduced by a member rising, 
addressing the speaker and sending the bill by a page to 
the clerk's desk. The clerk reads the title, and the speaker 
announces the " first reading of the bill." If it is a bill 
appropriating money, the clerk then reads the whole bill, 
but if not, he reads the title again, and the speaker an- 
nounces the " second reading of the bill." Then the bill 
is usually referred to one of the standing committees or 
to a select committee for consideration, and after it is re- 
ported back it is discussed and debated by the whole 
Assembly and amended if necessary. The bill is then 
engrossed, i. e. rewritten with all amendments in a plain 
hand, whereupon it is ready for a third reading. If it is 
a bill appropriating money, it is read in full; 2 if not, the 
title only is read by the clerk, and the speaker announces, 
"The bill having been read three several times the ques- 
tion is, shall the bill pass ?" If it passes, 3 the bill is then 
sent to the Senate, where it goes through the same pro- 

1 See Const. Art. IV. Sect. 20. 

2 Each house after the second reading of bills has several copies printed 
for distribution so that each member is already posted as to their con- 
tents, and the readings in full are matters of form rather than of infor- 
mation. 

3 The ordinary method of voting is as follows : The speaker calls for 
all of those who are of the opinion that the bill should pass to say 
"aye," and those of contrary opinion to say "no." However, if the 
question is upon the final passage of a bill creating a State debt, or any 
other financial measure, or upon the final passage of a bill over the gov- 
ernor' s veto, or upon an amendment to the Constitution the vote must 
be taken by yeas and nays, and recorded in the journal, so that each 
member's vote shall be a matter of record. And further, the yeas and 
nays must be taken upon any question, when one-sixth of the members 
present request it. See Const. Art. IV. Sect. 20 ; Art. VIII. Sects. 6 and 
8; Art. V. Sect. 10; and Art. XII. Sect. 1. 



THE LEGISLATIVE DEPARTMENT 69 

cess, and if the Senate concurs the bill is " enrolled," 
which consists in making a clear, legible copy without 
"erasures or interlineations." Thereupon the bill is en- 
dorsed by the chief clerk as having originated in the As- 
sembly (for the information of the governor), and signed 
by the speaker of the Assembly and the president of the 
Senate, when it is taken to the governor for his considera- 
tion. If the governor approves the bill, he informs the 
Assembly, 1 and announces that he has deposited it with 
the secretary of State ; if he vetoes it, he sends it back 
with his objections to the house in which it originated, 
when the legislature considers it further. 

Such is the ordinary process of enacting laws ; but it 
may often happen that a bill is hotly contested, and then 
the process may be very complex — majority and minority 
reports coming from the committees, amendments made 
by one house and rejected by the other, and conference 
committees appointed to adjust matters, besides various 
other complications. 

The laws that are passed are published in accordance 
with the provision of the Constitution 2 in such manner 
as may be prescribed by the legislature. 

62. Powers and Duties of the Legislature. — (a) Each 
House. — Certain powers and duties are assigned by the 
Constitution to each house, as well as to the legislature 
as a whole. Thus each house is the judge of the " elec- 
tions, returns and qualifications of its own members," so 
that should any contest arise as to whether a certain can- 
didate has been elected to that house, or whether he 
is qualified and entitled to a seat or not, it would be 
settled by that house alone. It may be settled from 
partisan motives entirely, and therefore injustice may be 
done, but such decision is final and cannot be reviewed 

1 If the bill originated in the Senate, the governor would inform the 
Senate. 2 See Art. VII. Sect. 21. 



70 THE CIVIL GOVERNMENT OF WISCONSIN 

by any other authority. 1 Each house also determines its 
own rules and may punish its members for contempt or 
disorderly behavior, and if necessary may expel a mem- 
ber whenever two-thirds of the members elected vote in 
favor of expulsion ; but should the member be re-elected by 
his constituents, he cannot be expelled again for the same 
cause. Each house also chooses its own officers, 2 and is 
required to keep a journal of its proceedings and to pub- 
lish it, except such parts as require secrecy. Each house 
is also required to sit with open doors, except when the 
public welfare may demand a secret session. And in 
order that the wheels of legislation may not be stopped, 
neither house may adjourn without the consent of the 
other, for more than three days. 3 

(b) Impeachment. — Such are the powers and duties that 
are common to both houses, but it is the high privilege, 
as well as the duty, of the Assembly, when necessary, to 
impeach all civil officers of the State for corrupt conduct 
in office, or for crimes and misdemeanors, while it is the 
special duty of the Senate to sit as a court in the trial 
of such cases. 4 Impeachment means to accuse or to 
bring charges against an officer, and not to convict as 
is so often expressed. An impeachment trial is for some 
political offence and therefore is tried by the highest 
political body in the State, but it is conducted in accord- 
ance w T ith the rules of courts, because the work is judicial 
and not legislative. The officers of the State who may 

1 The political jobbery that has resulted from such practices in the 
nation at large and in the various States has led many to suggest that 
all such contested elections should be settled by the courts through an 
impartial decision. This would require an amendment to the Constitu- 
tion and the suggestion has not yet been very widely adopted, chiefly 
because the legislative bodies cannot be induced to surrender so much 
of their authority. 

2 See I 58. 3 See Const. Art. IV. Sects. 7-10. 

4 See Const. Art VII. Sect. 1. 



THE LEGISLATIVE DEPARTMENT 71 

be impeached are the civil officers only — not military 
officers or naval officers; but the term " civil officers" 
does not include members of the legislature, who are con- 
sidered to be representatives of the people, rather than 
officers of the State. Whenever the Assembly by a majority 
vote of all its members, decides that any officer shall be 
impeached, it usually appoints a committee to formulate 
charges and to conduct the case before the bar of the 
Senate. The members of the Senate take oath or make 
affirmation "truly and impartially to try the impeach- 
ment according to evidence." The accused conducts his 
defense in person or through friends or a committee act- 
ing in his behalf. Witnesses are examined and cross- 
examined, and when the evidence has been heard and 
the arguments concluded the vote is taken. In order 
that the decision may not be that of a mere partisan ma- 
jority, two-thirds of all the members of the Senate must 
vote in favor of conviction or the charge fails. Since the 
trial and the offense are political in their nature, the pun- 
ishment also is political in its character, and extends only 
to removal from office and disqualification from holding 
office under the State, or both. But the person may after- 
ward be indicted and tried in the courts, if the occasion de- 
mands it. In case the governor or any judicial officer is 
impeached, the functions of office cannot be exercised by 
them while the trial is pending ; but in all other cases the 
impeached officer continues in office till removed by the 
sentence of conviction. 1 Unless the governor is on trial, the 
lieutenant-governor is a member of the court and presides, 
but when the governor is on trial, the lieutenant-governor 
must act as governor, and as he is an interested part) 7 also 
and therefore prohibited from taking part in the proceed- 
ings, the Senate chooses one of its members to preside. 
There has been but one impeachment trial in the State — 

1 See Const Art. V. Sect. 7, and Art. VII. Sect. L 



72 THE CIVIL GOVERNMENT OF WISCONSIN. 

that of Judge Levi Hubbell in 1853, and he was not con- 
victed. 

(c) The Legislature as a Whole is charged with the duty of 
making laws for the people of Wisconsin ; and it may legis- 
late on all matters not prohibited by the Constitution of the 
State or of the United States. 1 The laws of the State there- 
fore cover a wide range, and concern the inhabitants in all 
their various relations with one another, in the everyday 
affairs of life. Thus the legislature provides for the or- 
ganization of schools ; the care and support of the poor ; 
the incorporation of charitable, benevolent and scientific 
societies; the prevention and punishment of crime; the 
administration of justice ; the formation of contracts ; the 
conveyance of property; the building and maintenance 
of roads and highways ; the organization of business cor- 
porations — such as railroad, life insurance, fire insurance, 
manufacturing and banking companies, etc. ; the mainte- 
nance of public health ; the creation of villages, cities, 
towns and counties ; the conduct of elections ; the levy- 
ing of taxes; and the preservation of peace and public 
order. Indeed there is scarcely any action of the indi- 
vidual that is not under the protecting, guiding or re- 
straining hand of the law of the State. 

(d) Restrictions on Legislation. — There are several very 
important restrictions, however, on the law-making power 
of the legislature. For instance, special legislation is pro- 
hibited in certain cases. 2 The object of this is to remove the 
tendency to corruption and bribery, and to allow the time 
of the legislature to be given to measures of public utility. 
And no bill of attainder, ex post facto law, or law impairing 
the obligation of contracts shall be passed by the legislature. 

1 There are some matters of legislation that are specifically required 
by the Constitution of the State and others that are discretionary. See 
Art. IV. Sect. 3; Art. VI. Sect 3; Art. VII. Sects. 16, 18 and 2% ; Art. 
VIII. Sect. 5 ; Art. X. Sects. 3, 5, 6 and 8. 

2 See Const. Art. IV. Sect. 31. 



THE LEGISLATIVE DEPARTMENT. 73 

Nor shall any conviction work corruption of blood or for- 
feiture of estate. 1 Nor shall any religious test be estab- 
lished for office, etc., nor any preference given to any 
mode of worship or religious establishment. 2 Nor shall 
imprisonment for debt be allowed. 3 These are meant to 
protect the individual in the rights which are so important 
for the preservation of his personal security, personal liberty 
and freedom of conscience, and which were the bone of 
contention between the kings and the people in the 
past. These are the common restrictions placed upon 
the government in our different constitutions — State and 
National. No distinction is to be made between citizens of 
the State and resident aliens in the holding of property; 
nor are non-residents of the State holding property within 
the State, to be taxed higher than residents. 4 These are not 
only in accordance with strict justice, but they have aided 
materially in the settlement and growth of the State. And 
when Wisconsin was admitted into the Union, it was re- 
quired that the title to lands given by the United States 
should not be interfered with ; that taxes should not be im- 
posed on land which is the property of the United States ; 
and that navigation on the Mississippi River and the 
streams emptying into it and into the St. Lawrence, as well 
as the carrying places between, should be free. 5 There are 
also provisions relating to the credit of the State, and 
regulating the creation and payment of the public debt, 6 
which have been very beneficial to the State and the 
people. There are also a few other restrictions relating 
to banks, the division of counties, and the removal of 
county seats. 7 These are a form of the " referendum," by 

1 See Const. Art. I. Sect. 12. 2 See Const. Art. I. Sects. 18 and 19. 

3 See Const. Art. I. Sect. 16. 

4 See Const. Art. I. Sect. 15; Art, II. Sect. 2.. 

5 See Const. Art. II. Sect. 2 ; Art, IX. Sect, 1. 

6 See Const. Art. VIII. Sects. 3, 6, 7, 8, 10. 

7 See Const. Art. XI. Sect. 5 ; Art. XIII. Sects. 7 and 8. 

G 



74 THE CIVIL GOVERNMENT OF WISCONSIN. 

which acts passed by the legislature are not to have the 
force of law till ratified by the people. 1 

(e) Elections. — Besides the function of making laws, the 
legislature is empowered by the United States Constitution 
to choose two persons to represent the State in the United 
States Senate. The election takes place on the second 
Tuesday after meeting and organization. Each house 
names by a viva voce vote, a person for senator, and the 
name is recorded on the journal. If there is a failure to 
name, that fact is also recorded. The next day at twelve 
o'clock m., both houses convene in joint session in the As- 
sembly hall, and the journal of each house is read. If 
the same person has received the majority of all votes in 
each house, he is declared elected senator. If this is not 
the case, then the joint meeting proceeds to choose, viva 
voce, a senator. A majority elects. If a selection is not 
made the first day, a joint session must convene each suc- 
ceeding day at 12 m. and take at least one vote, until an 
election is made. 

A certificate of election must be made out in duplicate 
by the speaker of the Assembly and the president of the 
Senate, and delivered to the governor and the secretary 
of State, to be filed and recorded in their offices. There- 
upon, the governor certifies the election to the president 
of the Senate of the United States, and the secretary of 
State countersigns it. 

The legislature is also empowered by the State Consti- 
tution 2 to choose a governor or lieutenant-governor when- 
ever the people fail to elect them. The Constitution 3 re- 
quires all elections made by the legislature to be by viva 
voce vote; but it also requires Hhat the election of the 



1 The referendum (it must be referred) is a system of popular legisla- 
tion widely practiced in Switzerland. 

2 See Art. V. Sect. 3. 3 See Art. IV. Sect 30. 

4 See Art. V. Sect. 3. 



THE EXECUTIVE DEPARTMENT 75 

governor and lieutenant-governor shall be by joint ballot. 
This is in conflict with the former, and should an election 
of this kind ever occur, there would be a chance for a good 
deal of quibbling, and possibly some doubt as to how the 
supreme court might decide the matter, though the special 
mandate would probably be followed. 

The Executive Department. 

63. Executive Power. — The executive department is 
composed of the governor and the lieutenant-governor, 
although the executive power is vested in the governor 
alone. 1 Were the executive power to be vested in any 
other person besides the governor, the situation would be 
very unsatisfactory, and like that of Rome when she had 
two consuls with co-ordinate powers. Oftentimes there 
would be disagreement, delay and disaster in the man- 
agement of affairs, and the public weal would suffer. 
The people have, therefore, wisely fixed responsibility for 
the execution of the laws, upon one person alone, who is 
accountable to them for all his deeds or misdeeds. 

64. Election; Qualifications; Salary; Vacancies. — 
The governor and the lieutenant-governor are elected by the 
qualified voters of the State for a term of two years each. 
The election is held in the even years, on the Tuesday 
next after the first Monday in November,' 2 and the term of 
office begins on the first Monday in January following, when 
the governor and lieutenant-governor are inaugurated — 
frequently amid imposing ceremonies — at the State capital, 
by taking the oath of office, which is a pledge faithfully to 
perform all duties imposed upon them by law, and to sup- 
port the Constitution of the State and of the United States. 
Of the candidates voted for, the one receiving the highest 
number of votes for the respective offices is elected, but 
should two candidates for either office receive the same 
number of votes, providing it were the highest number 

1 See Const Art. V. Sect. 1. 2 See Const. Art XIII. Sect. 1. 



76 THE CIVIL GOVERNMENT OF WISCONSIN. 

cast, there would be no one elected and the legislature 
would then choose in the manner already described. 1 No 
one may hold the office of governor or lieutenant-gov- 
ernor unless he is a citizen of the United States and also 
a qualified elector of the State. 2 The governor receives a 
salary of $5000 per year, and the lieutenant-governor $1000 
per year. If, for any reason, a vacancy should occur in the 
office of governor, the lieutenant-governor would act as 
governor as long as might be necessary, not to exceed, of 
course, the residue of the term ; 3 and if a vacancy should 
occur in the offices of both governor and lieutenant-gov- 
ernor, the secretary of State would act as governor until 
the vacancy could be filled. 4 

65. Powers and Duties of the Governor and Lieu- 
tenant-Governor. — (a) Lieutenant-governor. — The duties of 
the lieutenant-governor are ordinarily not many nor bur- 
densome. During the sessions of the legislature, he pre- 
sides over the Senate, and preserves order and decorum. 
He may speak on points of order in preference to mem- 
bers of the Senate, but he may not debate bills, nor does 
he have a vote unless there is a tie, when he has the cast- 
ing vote. He appoints committees, except standing com- 
mittees, and signs the acts, memorials, resolutions, etc., 
passed by the Senate. His other duties as president of 
the Senate are those of an ordinary presiding officer. 
When the legislature is not in session, the duties of the 
lieutenant-governor are simply those that may devolve 
upon him in the absence of the governor ; but should the 
governor's office be vacant, the full duties of the governor 
would then be performed by the lieutenant-governor. 

1 See Const. Art. V Sect. 3; also \ 62, e. 

2 See Const. Art. V. Sect. 2. Citizens of the United States are those 
persons who are born or naturalized in the United States, and subject 
to its jurisdiction. ( U. S. Const. 14th Amend. Sect. 1.) For qualified 
electors, see § 85. 

3 See Const. Art. V. Sect. 7. 4 See Const. Art V. Sect. 8. 



THE EXECUTIVE DEPARTMENT. 77 

(b) Governor. — The governor has a number of important 
duties to perform — specified not only in the Constitution 
but also in the laws. The most important duty of the gov- 
ernor is to see that the " laws are faithfully executed." He 
has no discretion in the matter, and must enforce all laws 
whether he thinks they are wise and just, or not. In 
order to enforce the laws he is given command of the 
entire military and naval forces of the State, and he may 
also call upon the United States government for troops if 
necessary — so there is back of him, if the occasion require 
it, the whole military and naval strength of the country. 
The governor may take command in person, although it 
is not customary for him to do so. The military force of 
the State is the State militia, and consists of the able- 
bodied male inhabitants (with some exceptions) between 
the ages of eighteen and forty-five. This entire force is 
subject to the governor's call whenever needed. A large 
portion of the militia, however, is unorganized, and it is 
only that part which is organized into companies consti- 
tuting the National Guard that is ordinarily called out. 
The manner in which companies may be organized is 
specified in the laws. 1 The governor transacts all the 
business of the State with the other State officers, and 
is the representative of the State in its relations with 
other States and the United States. He appoints various 
State officers, commissioners and boards — some with the 
concurrence of the Senate and some without. 2 He re- 
ceives resignations from various State officers, and fills the 
vacancies by appointment, unless an election is required 
by law. He may remove certain county officers 3 for 
cause, and make new appointments or cause them to be 
made, as specified in the Constitution and laws. 4 He visits 

1 See Laws of 1893, chap. 292. 2 See I 66. 

3 See Const. Art, VI. Sect. 4. 

4 See Const. Art. VI. Sect. 1, Amend. 1882 ; also Annotated Statutes 1889, 
sect. 967. He would make all appointments except county superin- 



78 THE CIVIL GOVERNMENT OF WISCONSIN. 

the various State institutions, and makes a report of their 
condition to the legislature. He may offer rewards for es- 
caped criminals, and he has the power to grant reprieves, 
commutations and pardons, except in cases of treason and 
impeachment. A reprieve is a stay in the execution of the 
sentence; a commutation is a lessening of the severity 
of the sentence ; while a pardon is full remission of punish- 
ment. These powers cannot be exercised by the governor 
until after conviction, and unless an application is made ac- 
cording to law, while full information concerning all cases 
must be reported to the legislature. In the matter of im- 
peachment, which is determined by the highest political 
body of the State, the governor has no authority to pardon ; 
while in the case of treason he may suspend the execution 
of the sentence, and report the matter to the legislature at 
its next meeting, which then decides finally concerning it. 1 
He has the veto power, as already explained. 2 He is re- 
quired to communicate to the legislature at every session, 
the condition of the State. This is his message, and in- 
cludes reports from the various State officers and boards, 
regarding the matters and the institutions under their 
charge; also a carefully prepared statement concerning 
the finances of the State, and the pardons, reprieves, and 
commutations that have been granted ; and finally, sug- 
gestions and recommendations concerning the welfare of 
the people, and pertaining to legislation that may be 
needed to secure their rights and to protect their inter- 
ests. There are also other pow T ers and duties of the gov- 
ernor, such as convening the legislature in extra session 
or at some other place than the capital, adjourning it 
when the houses fail to agree upon a time, issuing procla- 
mations, and commissioning certain officers. 

tendent and clerk of circuit court. The former would be appointed 
by the State superintendent, and the latter by the circuit judge. 
1 See Const Art V. Sect 6. 2 See g 61. 



THE ADMINISTRATIVE DEPARTMENT 79 



The Administrative Department. 

66. Officers and Boards. — This department consists of 
numerous State officers and various boards — some of which 
are provided for by the Constitution, but most of them are 
established by the laws. The following is the list : a secre- 
tary of State, a treasurer, an attorney-general, a superin- 
tendent of public instruction, a railroad commissioner and 
an insurance commissioner, all elected by the people in 
the even years, for a term of two years each ; a commis- 
sioner of labor, census and industrial statistics, a dairy 
and food commissioner, a State supervisor of inspectors 
of illuminating oils, and a State fish and game warden, 
all appointed by the governor and Senate for a term of 
two years ; a superintendent of public property, appointed 
by the governor for a term of two years ; a State treasury 
agent, who may be appointed by the governor to hold 
office during his pleasure; 1 an adjutant-general and a 
quartermaster-general, appointed by the governor to serve 
during his term of office ; 2 a board of regents of the uni- 
versity, composed of fifteen members, two ex officio, the 
rest appointed by the governor for a term of three years ; 
a board of regents of the normal schools, composed of 
eleven members, two ex officio, the rest appointed by the 
governor and Senate for a term of three years ; a State 
board of control, composed of six members, appointed 
by the governor and Senate for a term of five years; 3 
a board of examiners for admission to the bar, composed 
of five members, appointed annually by the supreme court ; 
a State board of health and vital statistics, composed of 
seven members, appointed by the governor for a term 
of seven years ; 4 a State board of pharmacy, composed of 
five members, appointed by the governor for a term of five 

1 Annotated Statutes 1889, sect. 1579. 2 Laws of 1893, chap. 292. 
3 Blue-book (1895), page 517. 4 B. B., page 602. 



80 THE CIVIL GOVERNMENT OF WISCONSIN. 

years ; 1 a State board of dental examiners, composed of five 
members, appointed by the governor for a term of five 
years ; 2 the commissioners of fisheries, composed of the gov- 
ernor and the professor of zoology in the university of Wis- 
consin ex officio, and six other members appointed by the 
governor and Senate for a term of six years ; 3 a State board 
of arbitration and conciliation, composed of three members, 
appointed by the governor from nominations made to him, 
for a term of two years ; 4 a State board of immigration, com- 
posed of the governor and the secretary of State, ex officio, 
and three other members appointed by the governor; 5 
a State board of teachers' examiners, composed of three 
members appointed annually by the State superintendent ; 6 
a State board of deposits, composed of the governor, secre- 
tary of State, treasurer and attorney-general; and the 
trustees of the State library, composed of the judges of 
the supreme court and the attorney-general. 

67. Qualifications. — To fill a position in any of these 
offices or on any of the boards, one must be a qualified 
voter ; but some special qualifications are required in a few 
instances ; thus, the railroad commissioner, the insurance 
commissioner, and the State supervisor of inspectors of 
oils, must not have any connection with railroad, insurance 
or oil companies, respectively, so that they may serve the 
people without prejudice or favor; and the members of 
certain boards must be specially qualified, as the State 
board of pharmacy, the State board of dental examiners, 
the State board of examiners for admission to the bar, and 
the State board of teachers' examiners, where technical or 
scientific knowledge is important. 

1 B. B., page 603. a B. B., page 604. 

3 B. B., page 605, also Laws of 1895, chap. 221. 

4 Laws of 1895, chap. 364. 

5 Laws of 1895, chap. 235. Office to terminate Jan. 1, 1897. A bill 
to continue the board is pending in the present legislature (1897). 

6 Laws of 1895, chaps. 457, 333, 243. 



THE ADMINISTRATIVE DEPARTMENT 



81 



68. Powers and Duties of the Officers and Boards. — 

(a) The Secretary of State keeps a record of the official acts 
of the legislative and executive departments of the gov- 
ernment. He is charged with the safe keeping of all 
enrolled laws and resolutions adopted by the legislature, 
and may not permit them to be taken out of his office, 
or to be inspected except in his presence, unless upon the 
order of the governor or the legislature. He is also the 
custodian of the books, records, deeds, bonds, maps and 
papers, belonging to the State and deposited in his office, 
and is required to furnish individuals upon request certi- 
fied copies of any public documents in his possession. 
He keeps the great seal of the State, and affixes it to all 




Great Seal of the State of Wisconsin. 

commissions (after countersigning them) that are issued 
by the governor. He issues notice of general elections, 
supervises the publication of the laws, and the taking of 
the census, apportions the State taxes, and furnishes forms 
for assessment and tax-rolls, besides attending to numerous 
other duties prescribed by statute. He is also ex officio 
auditor of the State, and, as such, superintends the fiscal 
concerns of the State, keeping accounts of receipts, ex- 

6— Wis 



82 THE CIVIL GOVERNMENT OF WISCONSIN. 

amining the books of the treasurer, settling accounts, 
auditing claims, directing the collection of money due 
the State, etc. He is required to report annually to the 
governor, and to furnish any information concerning mat- 
ters in his charge, to the governor or legislature whenever 
demanded. 

(b) The Treasurer is the custodian of the money belong- 
ing to the State, which he pays out upon the order of the 
legislature or proper officers. He is required to keep ac- 
curate accounts of all receipts and disbursements, charging 
them to the proper funds. He makes a report to the 
governor and has numerous special duties prescribed by 
law. 

(c) The Attorney- General is the legal adviser of the various 
State officers and boards, and is required to furnish legal 
opinions on any points presented to him by them or by 
the legislature. He drafts contracts and prepares other 
writings which may be needed for the use of the State; 
prosecutes, whenever necessary, official bonds and con- 
tracts in which the State is interested ; and defends and 
prosecutes all actions and proceedings in which the State 
is a party, keeping an accurate and correct record of all 
matters pertaining to them. He also consults and advises 
with the various district attorneys throughout the State, 
when requested by them, in regard to their duties, or on 
matters submitted to him. Many other special duties are 
given him by statutes. 

(dj The Superintendent of Public Instruction has general 
supervision of the educational interests of the State, es- 
pecially of that part which is included within the public 
school system. He apportions the school funds accord- 
ing to law; communicates with county superintendents 
and school officers concerning their work; recommends 
suitable text-books and courses of study ; appoints a high 
school inspector, and also a board of State teachers' exam- 
iners ; gathers statistics pertaining to schools within the 



THE ADMINISTRATIVE DEPARTMENT. 83 

State ; publishes a manual for the use of teachers, also all 
school laws ; hears appeals that may be brought to him 
from teachers, superintendents, boards and aggrieved indi- 
viduals ; is ex officio a member of the State board of re- 
gents for the university, and the normal schools; visits 
institutes, lectures before conventions, and endeavors in 
every suitable way to arouse an interest in, and perfect 
the educational system of the State. A number of other 
technical duties are also prescribed. 

(e) The Railroad and Insurance Commissioners are im- 
portant officers and have many special duties. The rail- 
road commissioner gathers statistics concerning railroads, 
inspects their management, equipment and operation, 
inquires into any neglect of the laws, conducts investi- 
gations whenever necessary, and sees that railroad com- 
panies comply with the statutes of the State, in the 
interests and for the safety of the people. He also super- 
vises the publication and distribution of railroad maps 
of the State; and publishes an itemized report concern- 
ing the receipts, expenditures, mileage, equipment, etc., 
of the railroad companies. The insurance commissioner 
attends to similar matters pertaining to insurance com- 
panies doing business within the State. 

(f) The Commissioner of Labor, Census and Industrial 
Statistics collects information concerning the industries 
of the State — agricultural, manufacturing, commercial, 
mining, etc. ; inquires into the condition of the laboring 
classes ; investigates strikes, lockouts, etc. ; sees to the 
enforcement of factory laws regarding the safety of opera- 
tives and the employment of women and children ; makes 
recommendations and suggestions in the interests of the 
working classes; and publishes a report that is full of 
valuable information concerning the resources of the State, 
and the physical, mental, moral and social condition of the 
wage-earners. 

(g) The Dairy and Food Commissioner conducts investi- 



$4 THE CIVIL GOVERNMENT OF WISCONSIN. 

gations and enforces the laws of the State relative to the 
manufacture, sale and consumption of impure, adulterated 
and unwholesome foods, dairy products, drinks, drugs, etc. 
He is an important officer and has many technical powers 
and duties. 

(h) The State Supervisor of Inspectors of Illuminating Oils 
exercises a general supervision of the different inspectors 
throughout the State. At present (1897) the State is 
divided into fifty-two districts, and the State supervisor 
appoints in each district an inspector, who is responsible 
for the enforcement of the laws relating to the examina- 
tion, adulteration, and test of illuminating oils offered 
for sale. The laws require different grades of oil to be 
marked plainly, and the State supervisor is charged with 
the proper execution of these laws, in the interests of the 
people and their safety. Many technical duties are pre- 
scribed. 

(i) The State Fish and Game Warden acts as secretary 
of the commissioners of fisheries and appoints deputies 
throughout the State as determined upon by the commis- 
sioners. He is required to enforce the laws pertaining 
to the preservation and propagation of fish and game 
within the State. These laws are rigid, and being duly 
enforced, will properly preserve these two important 
sources of food supply. 

(j) The Superintendent of Public Property has charge 
of the capitol building and grounds, and employs the 
laborers necessary to keep them in repair and good con- 
dition. He also purchases fuel and supplies for the State 
officers, and after proper advertising, lets to the lowest 
bidder contracts for stationery for the legislature. He is 
also charged with the distribution of certain public docu- 
ments, as directed by law. 

(k) The State Treasury Agent collects licenses that are 
required of peddlers, showmen, travelling merchants, etc., 
going about the State, and performs such duties under the 



THE ADMINISTRATIVE DEPARTMENT 85 

license laws as the secretary of State may prescribe. He 
may appoint an assistant. 

CI) The Adjutant- General and Quartermaster-General are 
military officers belonging to the governor's staff. The 
adjutant-general is chief of staff, and has charge of all 
military records, muster rolls, etc., relating to the National 
Guard. He also acts as pension agent for claims against 
the United States government, growing out of the civil 
war. The quartermaster-general is chief of ordnance, and 
has charge of all the military property of the State. He 
is also commissary-general. 1 

(m) The Board of Regents for the University, and the Board 
for the Normal Schools, are charged respectively with the 
management of the University of Wisconsin, located at 
Madison, and the seven State normal schools, located at 
Platte ville, Whitewater, Oshkosh, River Falls, Milwaukee, 
Stevens Point and West Superior. These boards have im- 
portant duties to perform, and their fidelity in the admin- 
istration of them has built up institutions without supe- 
riors in the northwest. 

(n) The State Board of Control has charge of the 
" charitable, reformatory and penal institutions," main- 
tained by the State. It makes rules and regulations in ac- 
cordance with law, for the direction and management of 
these institutions ; visits and inspects them ; reports their 
condition and needs to the governor ; and appoints such 
superintendents, teachers and officers, as may be necessary 
for the proper care of the inmates. It inspects also the 
local charitable, reformatory and penal institutions, such 
as county asylums, poor-houses and jails. The State and 
semi-State institutions under its care are : Wisconsin State 
Hospital for the Insane, at Mendota; the Northern Hospital 
for the Insane, at Winnebago ; the Wisconsin State Prison, 
at Waupun ; the Wisconsin Industrial School for Boys, at 

1 Laws of 1893, chap. 292. 
H 



86 THE CIVIL GOVERNMENT OF WISCONSIN 

Waukesha; the Wisconsin Industrial School for Girls, at 
Milwaukee ; the Wisconsin Institution for the Education 
of the Blind, at Janesville ; the Wisconsin Institution for 
the Education of the Deaf and Dumb, at Delavan ; the 
Wisconsin School for Dependent Children, at Sparta ; and 
the Wisconsin Home for Feeble-minded, at Chippewa 
Falls. 1 

(o) The State Board of Health and Vital Statistics looks 
after the public health; conducts investigations and in- 
quiries respecting the causes of epidemics and other dis- 
eases, and the effects of localities, employments and habits 
upon health ; collects vital statistics of all kinds ; and pub- 
lishes such information for the benefit of the people. The 
board also has charge of matters relating to quarantine, 
and maintains an advisory relation with the local boards 
of health, which are required to be organized in every 
town, village, and city in the State. In case of contagion, 
epidemic or emergency, it may make rules and regulations 
which it is the duty of every local and State officer to re- 
spect and enforce. 

(p) The Board of Examiners for Admission to the Bar, The 
Board of Pharmacy, The Board of Dental Examiners, and 
The State Board of Teachers' Examiners have been created 
for the purpose of securing competent persons in these 
respective professions, and to protect the public from im- 
postors and ignoramuses. They hold meetings at various 
times and places for the examination of applicants, and 
grant certificates or licenses to those who are properly 
qualified. They are charged also with the enforcement of 
the laws of the State applying to these professions. In the 
case of teachers, examinations are also held and certificates 
granted by local boards or officers. It is only those who 

1 The general scope of the work of the Board of Control embraces, 
besides the State and semi-State institutions, 22 county asylums, 49 poor- 
houses, 68 jails, 198 police stations, and 50 private and benevolent in- 
stitutions. (Eeport, 1893-94, vol. ii. p. 2.) 



THE ADMINISTRATIVE DEPARTMENT 87 

seek State certificates, 1 or those who wish to have counter- 
signed the certificates and diplomas granted in other 
States, that come before the State board for examination. 

(q) The Commissioners of Fisheries have the general ad- 
ministration and government of the State hatcheries, at 
Milwaukee and Bayfield, and near Madison, where fish are 
propagated, and from which spawn and fry are distributed 
for the purpose of increasing and preserving the supply of 
fish in the various lakes and streams of the State. They 
also collect information pertaining to the fishery indus- 
tries of the State and publish it for the benefit of the 
people. They appoint a superintendent of fisheries, who 
has direct charge of the hatcheries and the distributing 
car, and attends to various duties as prescribed by law. 

(r) The State Board of Arbitration and Conciliation was 
established in 1895, for the purpose of adjusting disputes 
between laborers and their employers, upon application, 
and under certain conditions. It has the power to visit 
the locality of the dispute, investigate fully the causes of 
it, hear all parties concerned and advise them as to the 
manner in which it should be settled. The decision is 
made in writing, and is binding upon all the parties 
joining in the application, for six months, or until 
either party notifies the other that he will not be bound 
by it for longer than sixty days after date of notice to that 
effect. In addition to the State board, there are also local 
boards, with similar powers. 2 

(s) The State Board of Immigration was created to " en- 
hance and encourage immigration to this State," which it 
strives to do by collecting and disseminating information 
relating to the soil, climate, health, and resources of the 
State. 

(t) The State Board of Deposits determines in what banks 

1 These certificates are of two kinds — limited and unlimited ; the for- 
mer being good for five years, and the latter for life, unless sooner 
annulled, 2 Laws of 1895, chap. 364, 



88 THE CIVIL GOVERNMENT OF WISCONSIN. 

the public money shall be deposited. All interest that ac- 
crues is paid to the State, and all losses through failure 
of banks also falls upon the State. 

The Judicial Department 

69. Courts.— The judicial department is composed of 
various courts throughout the State, which are at present 
(1897) as follows : a supreme court, seventeen circuit courts, 
a county court in each county, two superior courts (one 
in Milwaukee and one in West Superior), municipal courts 
in cities and villages, and justices' courts in towns, villages 
and cities. All of these are composed of one judge or jus- 
tice, with the exception of the supreme court, which is 
composed of five members. 1 

70. The Supreme Court : Members ; Meetings, etc. — 
The supreme court is the highest court in the State. Its 
members must be at least twenty-five years old, citizens 
of the United States and qualified electors of the State. 
They are elected by the people on the first Tuesday in 
April for a term of ten years each, and matters are so 
arranged that one is elected every two years. 2 The Con- 
stitution designates which member shall be ex officio chief 
justice. 3 The meetings of the supreme court are held 
twice a year (January and August) in the court rooms in 
the capitol building at Madison, and a quorum consists 
of three judges. The judges each receive a salary of $5000 
annually, and are prohibited from receiving any fees. 
They are not eligible to any other public office during 
their term. 4 Judges are subject to impeachment 5 and 
they may also be removed by address of both houses of 
the legislature to the governor, whenever two-thirds of all 
the members of the legislature concur therein, and after a 
copy of the charges has been served upon them and they 

1 See Const. Art. VII. Sect. 4, Amend. 1882. 2 1895, '97, '99, etc. 

3 See Art. VII. Sect. 4, Amend. 1882. 

4 See Const. Art. VII. Sect. 10. 5 See \ 62, b. 



THE JUDICIAL DEPARTMENT, 89 

have been given an opportunity to be heard in their own de- 
fense. 1 The vote is required to be taken by ayes and noes. 

71. Jurisdiction of the Supreme Court. — The Constitu- 
tion 2 provides that the supreme court shall have appellate 
jurisdiction only, except in the matter of issuing the writs 
of habeas corpus, mandamus, quo warranto, injunction, cer- 
tiorari, and other original and remedial writs. But the 
legislature, in accordance with the Constitution, 3 has con- 
ferred upon the supreme court further original jurisdic- 
tion in the matter of trying suits against the State. The 
supreme court has also a general superintending control 
over all inferior courts. Most of the work of the supreme 
court consists in hearing cases brought up from the lower 
courts through writs of error or appeals, in accordance 
with the provisions of the statutes. Yet the court is 
very frequently called upon to issue the writs named, 4 as 
well as others provided for in the statutes. 

72. The Circuit Courts. — When the Constitution was 
adopted, it established five circuits, 5 but it empowered the 
legislature to increase the number whenever necessary ; so 
there are at present (1897) seventeen circuits. These must 

1 See Const. Art. VII. Sect. 18. 2 See Art. VII. Sect. 3. 

3 See Art. IV. Sect. 27. 

4 Meaning of the "Writs. — Habeas corpus (you may have the 
body) is a writ to determine whether a person under arrest is legally 
detained or not. Mandamus (we command) is an order commanding 
certain things to be done. If, for instance, an officer refused to vacate 
his office at the end of his term, or to give possession of the books and 
records to his successor, this writ would force him to do so. This might 
also be brought about by a writ of quo warranto (by what authority), 
compelling an inquiry into the matter for determining the authority 
by which he continued in the office. Injunction is a writ forbidding 
action under certain conditions ; e. g. street car companies may be re- 
strained from laying their tracks, or persons may be prevented from dis- 
posing of their property in certain cases. Certiorari is a writ ordering 
the removal of a case from a lower to a higher court when justice cannot 
be secured or a fair trial held below. 5 See Art. VII. Sect. 5. 



90 TEE CIVIL GOVERNMENT OF WISCONSIN. 

be bounded by county lines, and must consist of contiguous 
territory. A judge is chosen by the voters of each circuit 
on the first Tuesday of April, for a term of six years. He 
must have the same qualifications as those for judges of the 
supreme court, and must reside within the circuit after his 
election. He receives annually a salary of $3600 and $400 
for travelling expenses. Circuit judges may be removed by 
impeachment or by address of the legislature, the same as 
judges of the supreme court, and when a vacancy occurs 
it is filled by appointment by the governor until a successor 
is elected and qualified, who serves for the residue of the 
term. The judges are required to hold two terms of court 
annually at the county seat in each county ; and in addi- 
tion special terms may also be held. The laws fix the 
dates of the terms for each county. 1 Circuit judges may 
also hold court for each other in certain cases, as when 
sickness or personal interest in a trial would prevent them 
from holding in their own circuit. 

73. Jurisdiction of the Circuit Courts. — This is both 
appellate and original. It is appellate in the matter of all 
cases brought up from the lower courts, and original (1) 
in all matters civil and criminal, within the State, not 
excepted by the Constitution and laws; and (2) in the 
matter of issuing the writs of habeas corpus, mandamus, 
quo warranto, injunction, certiorari, and other necessary 

writs. 

74. The County Courts. — When the Constitution was 

adopted, courts of probate were provided for in each 
county, but authority was conferred upon the legislature to 
abolish these and establish inferior courts with probate 
powers in each county. 2 This was done in 1849. The 
people of the county choose a county judge on the first 
Tuesday of April, for a term of four years. The regular 

1 For example, in Grant county (5th circuit), they are the third Tues- 
day in February, and the second Tuesday in October, 

2 Bee Const, Art, VII Sect. 14. 






THE JUDICIAL DEPARTMENT. 91 

term of court is required to be held on the first Tuesday 
of each month, except July and August, at the county 
seat. Special terms may be held on any day in July and 
August, and on any other Tuesday of the other months. 
The court, however, is open at all times for the transaction 
of such business as does not require previous notice to be 
given to interested parties. 

75. Jurisdiction of the County Courts. — The county 
courts attend to the probating of wills, the appointment 
of administrators, executors, and guardians, and all busi- 
ness that naturally arises in the settlement of estates 
and trusts, and the custody of minors or others needing 
guardianship. In 1854 all civil jurisdiction was taken 
away from the county courts, with the exception of Mil- 
waukee, but with certain limitations a civil jurisdiction 
concurrent with that of the circuit court has since been 
conferred by special statute in several of the counties. 

76. The Superior Courts. — The superior courts were 
created under the authority given the legislature by the 
Constitution, 1 to establish inferior courts in the several 
counties, with limited civil and criminal jurisdiction. 
These courts are held by a judge elected by the people of 
the county, the first Tuesday in April, for a term of six 
years. The superior court of Milwaukee county has in 
general the same jurisdiction as the circuit court in civil 
actions and in proceedings in law and equity. The su- 
perior court of Douglas county has in general the same 
jurisdiction as the circuit court, in both civil and criminal 
matters. The jurisdiction exercised by these courts, as 
well as their establishment, is purely a statutory matter, 
and changes may be made at any session of the legisla- 
ture. 

77. The Minor Courts and Officers. — (a) - Municipal 
Courts in villages and cities, or police courts, as they are 

1 See Art VII Sect. 2, 



92 



THE CIVIL GOVERNMENT OF WISCONSIN 



frequently called (sometimes improperly), are presided over 
by justices or magistrates whose power and jurisdiction is 
limited, usually, to matters involving the ordinances of 
the cities and villages ; but in some of the larger mu- 
nicipalities their jurisdiction is co-extensive with the county, 
in which case their powers may correspond with those of 
the circuit court, as determined by the legislature. 1 The 
judges are elected by the voters of their respective juris- 
dictions. 

(b) Justices' Courts. — These have been described pre- 
viously. 2 

(c) Court Commissioners. — These are officers appointed by 
the circuit courts, chiefly for convenience ; and there may 
be six in each county, to hold office during the term of the 
judge making the appointment. 3 They may subpoena wit- 
nesses, administer oaths, take depositions and testimony 
in civil cases, as provided by law ; acknowledge deeds and 
other instruments of writing, fix the amount of bail, and 
grant certain writs, such as habeas corpus, injunction, etc. 
They have, in short, in civil actions, " all the powers of a 
circuit judge at chambers," 4 but their proceedings are sub- 
ject to review by the circuit court. 

78. The Functions of Courts. — The chief business of 
the courts of the State is to interpret the laws, and to 
administer justice in accordance with them. Each court 
has its own jurisdiction, as already stated; but when 
a case is finished in a lower court, it may not be finally 
settled, for if the parties are dissatisfied with the de- 
cision, it may be appealed to a higher court; or a writ 
of error may be allowed, which w r ould reopen it in a 



1 See Const Art VII Sect. 2. 2 See \ 24 and \ 25, c. 

3 A woman who has been admitted to practice law may also be ap- 
pointed to the office of court commissioner. 

4 That is, acting out of court, having power to dispose of matters of 
procedure not important enough to be heard or argued in court, or too 
urgent to await the session of court. 



THE JUDICIAL DEPARTMENT. 93 

higher court; or a writ of certiorari may remove it to a 
higher court before it is finished in the lower court. In 
this way higher courts have appellate jurisdiction from 
lower courts, and it is possible for a case beginning in a 
justice's court to be brought before the supreme court of 
the State before it is finally settled. Certain classes of 
cases also, enumerated in the United States Constitution, 1 
and in United States laws, where the interests of the 
United States or its laws are concerned, in which the State 
courts have concurrent jurisdiction with the United States 
courts, may be removed or appealed to the latter, and 
thus reach the United States supreme court before they 
are finally settled. The majority of cases, however, are 
usually settled in accordance with the first decision, unless 
there seems to be a strong probability for reversal by the 
higher court. 

79. The Rights of Accused Persons. — The Constitu- 
tion of the State guarantees certain rights and privileges to 
persons accused of crimes, which are intended to prevent 
injustice in their trial. 2 It is a cardinal principle in our 
system of government that there shall be equality before 
the law, and every one therefore is entitled to the protec- 
tion of the laws. Hence accused persons are given the 
right to know the charges against them, to have counsel in 
their defense, and witnesses in their behalf, to be free 
from excessive bail and cruel or unusual punishments, 
to meet opposing witnesses face to face, and to have a 
speedy and public trial before an impartial jury. These 
are exceedingly important rights, and have been secured 
only through centuries of intense and bitter struggle, and 
we should appreciate them greatly ; but despite the pur- 
pose and importance of these provisions, justice some- 
times miscarries, chiefly through defects in our jury system 
which need not be detailed here. 

1 See Art. III. Sect. 2. 2 See Const., " Declaration of Rights/ ' 



94 THE CIVIL GOVERNMENT OF WISCONSIN. 

80. Juries and their Selection. — Although the Consti- 
tution grants accused persons the right to have a trial before 
a jury — which is a body of men sworn to try the case — it 
does not require all qases to be tried in this way, for it per- 
mits the parties to a suit to waive a jury, in which instance 
the judge or " court " will try the case. Thus in the jus- 
tice's court, juries are not usually called, and the supreme 
court in hearing appeals does not have a jury, but the 
circuit courts usually have juries. In the justice's court 
the number constituting the jury is six, w T hile in the 
higher courts it is twelve. The decision must be unani- 
mous. A jury in the justice's court may be any six men 
that the parties to the suit agree upon, or it may be made 
up from a list of eighteen names prepared in accord- 
ance with law, as ordered by the justice, by each side 
striking off six names. If any of these should be chal- 
lenged and disqualified, " talesmen " or bystanders will 
be put in their places. Juries for the circuit courts are 
selected in the following manner : town supervisors, trus- 
tees of villages, and aldermen in the cities, make out a list 1 
of not less than ten nor more than twenty names of per- 
sons in their districts eligible to jury service, and send 
them to the county clerk, who lays them before the county 
board. The county board then, at its annual meeting, se- 
lects the names of one hundred and forty persons from 
these lists, and delivers them to the clerk of the court. 
The clerk of the court writes these names on separate 
slips of paper, and places them in a box kept for the 
purpose. From this, at least fifteen days before the open- 
ing of court, the clerk, in the presence of the sheriff or 
his deputy and a justice of the peace, draws thirty-six 
names, 2 and these persons are required to serve as jurors 



1 Within thirty days after the first Monday in May of each year. 

2 The county board may, by resolution, limit the number to eighteen 
{Annotated Statutes 1889, sect. 2533). 



THE JUDICIAL DEPARTMENT. 95 

for that term of court. If, in the trial of cases, these 
should be challenged by the parties to a suit, and should 
be adjudged disqualified for service, so that a sufficient 
number should not be left, "talesmen" or bystanders are 
summoned for duty, or the sheriff is ordered to summon 
the necessary number from the county at large. 

81. Process of Trial.— As already stated, 1 there are two 
classes of cases at law— civil and criminal. The process of 
trial is not quite the same in both, though the main feat- 
ures are similar; nor are the processes quite the same 
in the justices' courts that they are in the circuit courts, 
though the important features are common to both. The 
description that follows, therefore, is intended to set forth 
the ordinary steps in trials, and to give a general idea of 
the process, rather than to indicate the technical proceed- 
ings in each case. 

(a) The Manner of Trying a Criminal Case. — A criminal case 
may be based upon either (1) an " information " or state- 
ment of charges against a person, filed with the court by 
the district attorney ; or (2) a " complaint," a statement 
of charges against a person, filed by an individual; or (3) 
an " indictment," a statement of charges against a person, 
drawn up by a grand jury, and filed by the district attor- 
ney. Most cases begin with the filing of an information 
or a complaint, because the grand jury is not, as a rule, 
summoned in this State. 2 After the charges have been 
made against a person, a warrant for his arrest is issued 
to the sheriff or constable or some peace officer. The 
officer serving the process is required to sign and indorse 
on the warrant the manner and time of the service, and 
return it within the time specified— called the return. If 
the offense is bailable, and sufficient sureties for the ap- 
pearance of the accused person at trial are offered by 

1 See I 25, -c. 

2 It may be summoned by order of the circuit court, whenever it 
seems necessary. 



96 THE CIVIL GOVERNMENT OF WISCONSIN 

responsible parties, a recognizance is taken (or bail allowed 
as usually stated), which is certified on the warrant and 
filed, and the accused person is discharged until the 
time of trial. If the offense is not bailable, or satis- 
factory surety is not offered, the accused person is kept 
in custody until trial. When the time for trial arrives, 
the arraignment, or charge against the accused person, is 
read, and he is given a chance to answer — called his plea. 
If he pleads guilty, the fact is recorded, judgment ren- 
dered, a certificate of conviction filed, and such punish- 
ment inflicted as the nature of the case may require. 

If the accused person refuses to plead, or pleads not 
guilty, the investigation or trial proper begins. If it is a 
jury trial, the jurors take oath or make affirmation that 
they will " well and truly try the cause, and a true verdict 
give." The witnesses who have been subpoenaed in the 
case also take oath or make affirmation that they will tell 
"the truth, the whole truth, and nothing but the truth." 
The jurors are usually sworn as a body, while the wit- 
nesses are usually sworn individually, when called to tes- 
tify. The testimony is then taken. The witnesses on the 
side of the plaintiff are called first, and questioned and 
cross-questioned by the attorneys on each side, or by the 
parties themselves ; then those on the side of the defend- 
ant are examined in the same way. Testimony in rebuttal 
may also be given by each side. When the examination 
of witnesses is over, the lawyers make their arguments, 
those on the side of the prosecution speaking first, then 
those on the side of the defense, with closing arguments 
by the prosecution. The judge or magistrate then makes 
the charge to the jury, specifying the law applicable in the 
case, and turns the jury over to the custody of the sheriff or 
constable until it agrees upon a verdict or is discharged. 1 

1 In order that there may be no fraud the following oath is adminis- 
tered to the officer having the jury in keeping: " You do swear in the 
presence of Almighty God, that you will, to the utmost of your ability, 



THE JUDICIAL DEPARTMENT. 97 

When the jury has reached a conclusion, it returns a 
verdict, by one of its members, whom it has chosen as 
foreman or spokesman, announcing the decision publicly 
before the court. This is recorded, judgment rendered, 
a certificate of conviction filed, and punishment inflicted 
accordingly. 

If the jury should fail to agree upon a verdict, after be- 
ing out a reasonable time, it may be discharged by the 
order of the court, and a new one summoned, unless the 
parties consent that the court may render judgment on 
the evidence taken, or that a new trial be had before him 
without a jury. 1 

(b) The Manner of Trying a Civil Case. — A civil case may 
begin by the voluntary appearance of the parties, or by a 
summons, issued by the court, upon a complaint or peti- 
tion of some one. The summons states the names of the 
plaintiff and the defendant, the date of issue, the day and 
hour of the return, and directs the defendant to appear and 
answer to the plaintiff, and is served by a sheriff, constable 
or other peace officer. Under certain conditions it may 
also be necessary to issue a warrant for the arrest of the 
defendant, or a writ of attachment, which directs the seiz- 
ure of his goods or property, pending the trial. A return 
is made, as in criminal cases. The trial is based upon 
the pleadings, which are the respective statements of the 
plaintiff in his complaint, and of the defendant in his 
answer, or the demurrers, replies, amendments and coun- 
ter-claims that may be allowed by the court. In this way is 

keep all the persons sworn on this inquest together in some private and 
convenient place, without drink, except water ; you will not suffer any 
person to speak to them, nor speak to them yourself unless by my order, 
except it be to ask them whether they have agreed on their verdict, until 
they have agreed upon their verdict, or are discharged by the court ; 
and you will not, before they render their verdict, communicate to any 
person the state of their deliberations or the verdict they have agreed 
upon." l Annotated Statutes 1889, sects. 3654, 4701. 

7— Wis I 



98 



THE CIVIL GOVERNMENT OF WISCONSIN. 



joined the issue of law or fact, or both, that is to be tried. 
The investigation is conducted as in criminal matters, and 
when the case is ended, and judgment rendered, the records 
are made, and an order for the execution of the judgment is 
issued. 





Jeremiah M. Rusk. 



Lucius Fairchild. 



CHAPTER VI. 

NOMINATIONS AND ELECTIONS. 



-«K>^0 



82. Political Parties. — In a country where the people 
govern themselves, political parties are a necessity, and 
their organization becomes as thorough, systematic and 
minute as that of a huge business corporation. In fact, 
the tendency is to make their organization so detailed and 
perfect that their success is dependent upon good manage- 
ment rather than upon the principles advocated or the 
character of the candidates selected. This is especially 
true in municipal elections, and frequently also in National 
and State elections. This organization is effected through 
a system of" central committees," National, State and local, 
so that each party has its own managers in every election 
district, town, village, city, county and State in the nation. 
These are all inter-related and bound together under the 
direction of the State or National committees, so that each 
has a particular part to play in the campaign and election. 
There are no constitutional provisions upon which this 

99 



100 THE CIVIL GOVERNMENT OF WISCONSIN. 



party organization is based or effected, but it has grown 
up with party development as a means to an end. 

83. Selection of Candidates for Office. — Each political 
party has its own candidates for office, and these are 
usually selected in caucuses and conventions of its ow r n 
voters. It sometimes happens, however, that some mem- 
bers of the party may be dissatisfied with the action of the 
caucus or the convention, so the laws provide for inde- 
pendent candidacy, by means of "nomination papers." 
These contain the name and residence of the candidate, 
the name of the office he seeks, and the party or prin- 
ciple he represents, and must be signed by a designated 
number of voters. 1 

A caucus, or as it is often called, a primary, differs from 
a convention in the fact that it is not made up of delegates 
or representatives, but is an assembly of the voters them- 
selves. The time and place of meeting, as well as the call 
for the caucus, is issued by the party's local committee. The 
caucus is presided over by a chairman chosen at the time ; 
a secretary is also chosen, and business is conducted as in 
any assembly. The work of the caucus is to nominate 
local officers in towns, villages, and wards of cities, to 
select delegates to city, county, or district conventions, as 
the case may be, and to choose a local central committee 
for the next year. 

It will be seen, therefore, that the caucus is of exceeding 
importance, and should be attended by every voter of the 
party who is interested in securing good government and 
good officers, as well as by those who are interested in the 
success of the party. The caucus is the place of all places 
w T here the voter can make his influence felt ; for here he 
has a voice (1) in the selection of local candidates, so as to 



1 If it is a State officer, voted for throughout the State, the number 
must be at least 1000 ; for other officers the signatures must represent at 
least one per cent, of the voters at the last election in the district or 
division involved. 



NOMINATIONS AND ELECTIONS. 101 

secure good local officers ; (2) in the choice of delegates to 
the various conventions, so as to have the proper kind of 
men to represent him in the nomination of higher officers 
and committees; and (3) in the selection of honorable 
and reliable campaign managers. But if the voter stays 
away from the caucus, his influence is narrowed simply to 
a choice between candidates. Of these he can select the 
best, and vote for him, but he cannot consistently com- 
plain about the character of the candidates in whose 
selection he has taken no part. Let every voter remember 
that good candidates mean good officers, and that good 
candidates depend upon the proper performance of his 
own duties at the caucus. 

The nomination of city, county and State officers, in- 
cluding assemblymen, senators, congressmen and judges 
of the circuit courts, is usually effected by conventions, 
named respectively city, county and State conventions, 
assembly, senatorial and congressional district conven- 
tions, and judicial conventions. These conventions are 
called by the various committees, State or district as the 
case may be, and the time and place of meeting, as w r ell 
as the basis of representation, i. e. the number of delegates 
composing the convention, is fixed by the different com- 
mittees. If a county convention is to be assembled, the 
county central committee designates the place and time 
for the convention, determines the basis of representation — 
i. e. the number of delegates each town, village and city in 
the county is entitled to send to the convention, notifies the 
various "local committees," and perhaps suggests a par- 
ticular time to them for calling the caucus or primary 
to select the delegates. If a State convention is to be as- 
sembled, the chairman of the State central committee 
notifies the people of the State that the committee has 
fixed upon such a date and place, and announces the basis 
of representation ; also fixes the unit of representation — 
i. e. whether the county or the assembly district shall be 



102 THE CIVIL GOVERNMENT OF WISCONSIN. 

the unit in selecting delegates, and instructs the chairmen 
of these committees (county or district, as the case may 
be) to call a convention on the basis named, and to notify 
the local committees to call a caucus in their town, village, 
or ward. The caucuses then select delegates to represent 
them in the county or district conventions, as indicated ; 
then this convention selects the delegates to represent that 
county or district, as the case may be, in the State con- 
vention. The different conventions organize by choosing 
officers — chairmen, clerks, etc., and their work consists in 
selecting delegates and giving them their credentials, ap- 
pointing the central committees, and nominating the can- 
didates required for office. 

84. Campaign. — After the officers have been nominated 
by the different parties, the campaign begins, and is carried 
on with more or less vigor, according to the intensity of 
party feeling, the character of the candidates, and the 
offices involved. 

85. Elections; Voters. — The right to participate in the 
election of officers is a State matter, except so far as the 
fifteenth amendment to the United States Constitution 
regulates suffrage by preventing the States from abridging 
the right to vote on account of race, color, or previous 
condition of servitude. With this exception, therefore, 
the State may establish such qualifications for voting as it 
sees fit, consequently there is not uniformity among the 
various States. In Wisconsin the privilege of voting is 
given to all male persons of sound mind, twenty-one 
or more years old, who have resided in the State at least 
one year, 1 and in the election precinct ten days, and are 
citizens, or have declared their intention of becoming citi- 
zens, providing they have not been disqualified by crime 
or otherwise. The law also provides that women who are 

1 Persons absent from the State on the business of the State, or of the 
United States, are still counted residents. (See Const. Art. III. Sect. 4-) 



NOMINATIONS AND ELECTIONS. 103 

citizens, and have all the other qualifications of male voters, 
shall be entitled to vote on school district matters, and for 
school district officers, in towns, villages, and cities. 1 

86. Registration. — An additional qualification is also 
made by law requiring the registration of voters, previous 
to each general election in cities and incorporated villages 
(where separate elections are required), having a popula- 
tion of three thousand or more by the last census — and 
also in the towns which contain these villages and cities, 
or any part of them. The common council and the board 
of trustees may also extend this requirement to the annual 
municipal and judicial elections. If, for any reason, a 
person is unable to register at the times specified by the 
registering board, his vote may be received on election 
day, upon his making affidavit as required by law. 

87. Election Day; Officers, etc. — The laws of the 
State fix the time when elections shall occur, and are as 
follows : the Tuesday next after the first Monday in Novem- 
ber, for the choice of county and State officers, assembly- 
men, senators, congressmen, and presidential electors; the 
first Tuesday in April for the choice of judicial officers, 
and town and city officers ; 2 and the first Tuesday in May 
for the choice of village officers. Previous to these elec- 
tions, notices are given to the voters, by publication in the 
papers, or by posting in public places, or both, of the time 
of the election, and of the names of the offices to be 
filled. When general elections are to be held the secretary 
of State sends notice to the county clerks of the various 
State and National officers to be voted for ; then the county 
clerks notify the town and village clerks, and an inspector 
of elections in each ward of every city in the county, of 

1 See Const. Art. III. ; Annotated Statutes 1889, sect. 12 ; and Laws 
of 1893, chap. 288. 

2 In cities of the fourth class, the common council may change the 
time for the election of municipal officers to the first Tuesday in 
March. (See Laws of 1895, chap. 316, sect. 14.) 



104 THE CIVIL GOVERNMENT OF WISCONSIN. 

the different National, State and county officers to be voted 
for ; and these various clerks and inspectors then give no- 
tice to the voters in the manner indicated above. 1 

On election day, each polling place is in charge of cer- 
tain election officers — viz., three inspectors, two election 
clerks, and two ballot clerks. These must all be voters, 
and able to read and write the English language; and 
they are not to be candidates for office, nor are more than 
two of the inspectors and one of each of the clerks to be 
of the same political party. In villages and cities, these 
officers are appointed by the president and mayor, subject 
to confirmation by the trustees and council respectively. 
In towns, the supervisors are the inspectors, unless they 
are of the same political party, or the town is divided 
into election precincts; in the former case the electors 
would choose viva voce, at the opening of the polls, an in- 
spector of the opposite political party, to serve in the place 
of the one whose name is recorded last in the clerk's office ; 
and in the latter case, the town board designates the in- 
spectors. The town clerk is one of the clerks of election, 
and the other clerk, as well as the two ballot clerks, are 
appointed by the inspectors. 

The duties of these officers are to see that order is kept at 
the polls, to help voters when necessary, to see that they do 
not stay in the booth longer than the time allotted (which 
is five minutes), to challenge voters who they think are dis- 
qualified, as well as to decide all challenges, 2 and to keep 
a record of all votes cast, counting them at the close of the 
polls and announcing the results. 

1 Similar notices are also given in judicial elections. 

2 Persons may be challenged for the following reasons : (1) Not being a 
citizen, or having declare^ his intention of becoming one ; (2) Not resid- 
ing in the State the required time before election ; (3) Not being a resi- 
dent of the town, village or ward ; (4) Not being twenty-one years old ; 

(5) For being interested in a bet or wager on the result of the election ; 

(6) For having been convicted of treason, felony, or bribery, and not 



NOMINATIONS AND ELECTIONS. 105 

The polls are opened and closed by proclamation. In 
cities of five thousand inhabitants or over, they are opened 
at 6 a. m., and closed at 7 p. m. ; in other cities, and in 
towns and villages, they are opened at 9 a. m., and closed 
at sundown; but in cities of less than five thousand peo- 
ple, the common council may change the hour of opening, 
except that it shall not be made earlier than sunrise. 1 

88. Voting". — The method of voting now adopted for 
National, State, county and municipal elections is that of 
the Australian system, by which the secrecy of the ballot 
is maintained. Formerly each party had its own ballots, 
and these were distributed to voters on election day by 
party managers, who were sometimes so anxious to have 
them vote a certain way that they would kindly mark the 
ballot for them and watch it deposited in the box ; thus it 
could be easily told how anyone voted. Besides the annoy- 
ance that voters were put to in this matter, there was a 
positive and dangerous incentive to buy and sell votes, 
leading to great bribery and corruption, and a prosti- 
tution of political rights. In order, therefore, to miti- 
gate these evils and to render it difficult, if not im- 
possible, to determine how a man voted, the Australian 
system was adopted in 1889. By this method there are 
no party ballots, but the names of the candidates of all 

since restored to civil rights; (7) For having been engaged in a duel, 
either as principal or accessory ; (8) For being of Indian descent and 
a member of a tribe or an uncivilized Indian. 

Each party is allowed to have two agents or representatives at each 
polling place, to act as challengers and to observe the proceedings of 
the election officers. 

1 These provisions apply to general elections. In village elections 
the polls are opened at 10 A. M. and closed at 4 p. M., though the vil- 
lage board may change the time of opening and closing to be not earlier 
than 7 A. m. and not later than 6 p. m. 

In city elections the polls are opened at 6 A. M. and closed at 5 p. m. 
(See Laws of 1895, chaps. 155 and 316.) For the opening and closing 
of polls in town elections, see $ 22. 



106 THE CIVIL GOVERNMENT OF WISCONSIN 

parties for the different offices are printed on one bal- 
lot, and the voter does not get a ballot until he enters 
the polling place, and then he gets it from the election 
officers, whereupon he can retire into one of the booths 
provided for the purpose, and mark it without any- 
one knowing for whom he has voted. The process is as 
follows : 1 A voter upon entering the polling place, and 
giving his name and residence, receives a ballot from the 
ballot clerk. The names or initials of both ballot clerks 
must be endorsed on the ballot. The voter then retires 
alone to a booth or compartment, and marks his ballot. A 
ballot clerk may inform the voter as to the proper manner 
of marking a ballot, but he must not advise or indicate in 
any manner for whom to vote. If the voter wishes to vote 
for all the candidates nominated by any party, he makes 
a cross-mark, X, under the party designation printed at 
the top of the ballot in the square made for that purpose. 2 
A ballot so marked, and having no other mark, is counted 
for all of the candidates of that party in the column under- 
neath. If some of the names have been erased and others 
are written or pasted in their places, the ballot is counted 
for them instead of the original candidates. If the voter 
wishes to vote for some of the candidates of different 
political parties, he erases the names of the candidates he 
does not desire to vote for, and makes a cross mark, X, after 
the name of each candidate he does desire to vote for. If 
he wishes to vote for a person for a certain office, whose 
name is not on the ballot, he writes the name in the 
blank space under the printed name of the candidate for 
the office, and makes a cross, X, in the square at the right 
of it. The ballot should not be marked in any other 
manner. If the ballot be spoiled, it must be returned to 

1 Laws of 1893, chap. 288, sect. 27. 

2 "In judicial, municipal or school elections" the voter must make a 
cross (X) after the name of each person voted for. (Laws of 1895, 
chap. 322.) 



NOMINATIONS AND ELECTIONS. 107 

the ballot clerk, who issues another in its stead, but not 
more than three in all may be given to any one voter. Five 
minutes' time is allowed in the booth to mark the ballot. 
Unofficial ballots or memoranda to assist the voter in 
marking his ballot may be taken into the booth, and 
may be used to copy from. The ballot must not be 
shown so that any person can see how it has been marked 
by the voter. After it is marked, it must be folded so that 
the inside cannot be seen, but so that the printed indorse- 
ments and signatures of the ballot clerks on the outside 
may be seen. Then the voter passes out of the booth, 
gives his name to the inspector in charge of the ballot- 
box, hands him his ballot to be placed in the box, and 
passes out of the voting place. A voter who declares to 
the presiding officer that he is unable to read, or that 
by reason of physical disability he is unable to mark his 
ballot, may have the assistance of one or two election 
officers, to be chosen by the voter, to mark the ballot for 
him. The presiding officer may administer an oath, in 
his discretion, as to such person's disability. 

89. Canvassing" of Votes and Announcing of Re- 
sults. — In town and village elections the inspectors can- 
vass the votes and announce the results. In city elections 
this is done by the common council. Detailed records are 
kept in each case by the town, village and city clerk. In 
general elections, as soon as the polls are closed, the elec- 
tion officers in charge of each polling place, examine the 
poll-books, correct mistakes, if any, open the ballot-box and 
count the ballots, to see that they correspond in number to 
the names on the poll-list. Then the ballots are opened, 
and a record made of the number of votes cast for each can- 
didate. 1 A statement of the result, together with one poll- 
book, is deposited with the town, village or city clerk, as 
the case may be. The other poll-book, and another state- 

1 These provisions also apply to the canvass in town, village and city 
elections. 



108 THE CIVIL GOVERNMENT OF WISCONSIN. 

ment, are deposited with the county clerk. When the re- 
turns have thus come in from all polling places in the 
county, the county clerk chooses two other officers (one 
of whom shall be of the opposite political party) from a 
list named ] in the statutes, which constitutes the county 
board of canvassers. This board counts the votes given 
for all State and county officers, and for presidential 
electors and congressmen if voted for at that election, 
makes a record of the result and files it with the county 
clerk, after which an announcement of the result is made 
and certificates of election issued to the officers chosen. 
Duplicate records are made for the State officers and 
judges, presidential electors, and congressmen, and trans- 
mitted to the governor, secretary of State, and treasurer ; 
also for senators and assemblymen, unless the county 
constitutes a district by itself, 2 and transmitted to the 
respective district boards of canvassers. 3 After the re- 
turns from the counties of the State have been for- 
warded to the secretary of State, he calls a meeting in 
his office, of the State board of canvassers, which consists 
of himself, the treasurer and attorney-general. The votes 
for the different State officers and members of Congress 
are then tabulated and counted, and the statement of 
results filed in the secretary's office. 4 

90. Certificates of election are given to all officers who 
have been declared to be elected by the different canvass- 

1 These are county judge, register of deeds, members of the county 
board, and justices of the peace. 

2 See Laws of 1893, chap. 288, sect. 81. 

6 The district board of canvassers consists of the county clerks of the 
different counties in the district and of the chairman of the county 
board where the meeting is to be held. The returns from the different 
counties of the district are tabulated and counted, and a statement of 
the result is sent to the secretary of State, to be preserved. A statement 
is also recorded with the county clerk. 

4 The canvass of the votes for presidential electors is made at a special 
meeting at another time. (See Laws of 1893, chap. 288, sect. 97.) 



NOMINATIONS AND ELECTIONS. 109 

ing boards, and these are filed and preserved with the re- 
spective clerks, either village, city, town, or county, or the 
secretary of State, according as the officers are village, city, 
town, or county and district, or State and National. 

K 



CHAPTER VII. 

TAXES AND TAXATION. 

91. Revenues. — The revenues of the State are derived 
from the sale of public lands, licenses, fees and taxes, and 
in 1896 amounted to about $4,220,000. Of this, over 
$1,330,000 was derived from licenses which are imposed 
upon insurance companies and mutual benefit societies, 
building and loan associations, telegraph and telephone 
companies, railroads, steamboats, vessels, etc., engaged in 
their respective businesses. But the largest source of 
income for that year was taxation — amounting to over 
$1,540,000. The sale of lands yielded less than $100,000, 
and this source will continue to decrease as the years go 
by; while the income from fees — speaking generally — is 
limited, for it consists in charges by officers for services 
rendered, as in the case of registering of deeds, recording 
wills, and making copies of records and documents. The 
State may also borrow money for certain purposes, 1 but 
the regular sources of revenue are those mentioned above. 

92. Taxes. — A tax may be described as a charge 
imposed upon individuals by the government for its 
support and maintenance, payable in money. A tax 
may be levied upon the individual himself, or upon his 
property; in the former instance it is called a poll- 
tax, and in the latter a property tax. Similarly, also, a 
tax may be either direct — i. e. payable by the persons upon 
whom it is levied, or indirect — i. e. payable eventually 

1 See Const. Art. VIII. Sects. 3, 4, 6, 7, 10. 
110 



TAXES AND TAXATION. Ill 

by others than those upon whom it first falls, such as 
duties upon goods. The State, however, cannot levy such 
indirect taxes, 1 and its taxes are direct, and are either 
poll or property taxes, or both, as in Wisconsin. The 
amount of the poll-tax per individual in this State is one 
dollar and fifty cents, and is levied upon the male resi- 
dents of road districts, who are between the ages of twenty- 
one and fifty (with certain exceptions, such as disabled 
soldiers, firemen, militiamen, paupers, etc.), and is used 
for the maintenance of the highways in the district. In 
lieu of collecting this money tax, however, the town-meet- 
ing may require a day's work on the roads. 2 

93. Property. — Since poll taxes are for a special and 
limited purpose, it follows that the important basis of 
taxation is property. There are two kinds of property, 
personal and real, the latter being land and its appur- 
tenances, while the former consists of stock, furniture, im- 
plements, money, bonds, and other personal belongings. 
Both kinds of property are taxed, and at the same rate. 

94. Exemptions. — The Constitution requires taxation 
to be uniform, but gives the legislature power to de- 
termine what property shall be taxed, and what shall 
be exempt. The principal exemptions are: (1) public 
property, such as lands and buildings belonging to the 
United States, State, county, town, city, village and school- 
district ; cemeteries ; parks and fair grounds ; (2) real and 
personal property of religious, scientific, literary, benevo- 
lent and educational societies; of telegraph, telephone 
and railroad companies; clothing, pictures, books, etc., 
not exceeding $200; furniture not exceeding $200; pro- 
visions and fuel sufficient to last six months ; growing 
crops and debts due to a person equalling in amount the 

1 See U. S. Const. Art I. Sect 10. 

9 This tax is by no means sufficient to build the roads, and maintain 
them in repair, and special taxes on property are levied by the local 
authorities for these purposes. 



112 THE CIVIL GOVERNMENT OF WISCONSIN. 

debts owing by him. The general principles underlying 
these exemptions are, either that the property is devoted 
to the public welfare, and taxation, therefore, would be a 
useless burden imposed by the public on itself; or that an 
income is secured by society through licenses, so that taxa- 
tion in addition would be unjust; or that the burden of 
taxation would seriously cripple the individual's opportu- 
nities for earning a livelihood ; for taxing people beyond 
their means would tend to make them paupers, who 
would then need support from the public, which would 
be a bad policy for the State to pursue. 

95. Valuation of Property. — (a) Work of the Assessors. — 
The work of valuing property for purposes of taxation falls 
upon the different assessors throughout the State, chosen 
in the towns, villages and cities, respectively. Blanks are 
furnished them by the county clerks in accordance with 
the forms prescribed by the secretary of State. They 
begin their work on the first day of May, or as soon there- 
after as practicable, and make a list of all property, real 
and personal, subject to taxation, and affix what appears 
to them to be the proper valuation. 1 The owners are re- 
quired to make oath that the list is a true one, and that it 
contains all their personal property subject to taxation. 

(b) Boards of Review. — When the assessors have finished 
the valuation of property in their respective districts, the 
lists are submitted to a board of review for correction. In 
towns, this board consists of the supervisors, clerk and 
assessors ; in villages, it consists of the president, clerk 
and assessors ; in cities of the first class, it consists of the 
mayor, clerk, tax commissioner and assessors; and in 

1 Personal property is valued as it was on the first day of May ; real 
property as before the last Monday of June. The principal items of 
personal property noted are live stock of all kinds, implements and 
tools, wagons, carriages, sleighs, farm products, pianos, organs, etc., 
gold and silver watches, bank-stock, moneys deposited, notes, bonds, 
mortgages, etc., and libraries and furniture in excess of $200 each. 



TAXES AND TAXATION. 113 

cities of the second, third and fourth classes, it consists 
of the mayor, assessor, clerk and one or more members 
of the city council. 1 These different boards are required 
to meet on the last Monday in June, notice being given 
of the time and place, so that those interested may at- 
tend. These boards examine the lists, correct errors, add 
omitted property, if any, and equalize the valuation of 
property among individuals in the district. The assessors 
then make, all corrections ordered, and deliver the assess- 
ment rolls to their respective clerks — town, village, or 
city — by the first Monday in August. These clerks ex- 
amine the rolls, make needed corrections, if any, and send 
an abstract to the county clerks by the fourth Monday in 
August, whereupon each county clerk makes an abstract 
of these reports, and sends it to the secretary of State by 
the second Monday in September. In this way the entire 
property of the State is valued for taxation, and the neces- 
sary information as the basis of assessment and apportion- 
ment given to the proper officers. 

96. Assessment and Apportionment of Taxes. — This 
consists in the equalization of valuation among towns, 
villages, cities and counties in the State, and the determi- 
nation of the taxes that shall be collected from each re- 
spectively. 

(a) State. — The State assessment is made by a State 
board of assessment, consisting of the secretary of 
State, treasurer and attorney-general. It meets on the 
third Wednesday in May, at Madison, and determines 
the relative value of taxable property in each county, 
from the data which is submitted to it by the secretary 
of State. If errors should be made in the lists, they are 
corrected in the next tax levy. It then becomes the duty 
of the secretary of State to apportion the State taxes to 
the several counties upon this basis of assessment. He 

1 Annotated Statutes 1889, sect. 1060/ Laws of 1893, ch. 312, sect. 43. 
8— Wis 



114 THE CIVIL GOVERNMENT OF WISCONSIN. 

knows the amount of the State taxes authorized by the 
legislature to be raised that year, and also the valuation 
of the taxable property of the State, so that the rate per 
cent, is easily determined. The secretary of State, there- 
fore, apportions to each county an amount based upon 
the proportion which its valuation bears to the valuation 
of the whole State. Notice of such apportionment is sent 
by him to the respective county clerks by the fourth 
Monday in October. This is the State assessment and 
apportionment. 

(b) County. — The county assessment and apportionment 
is made as follows : Previous to the annual meeting of 
the county board of supervisors in November, the county 
clerks prepare statements of the tax rolls submitted to 
them by the various town, village and city clerks, and 
lay them before the county boards. Thereupon the 
county boards determine the relative valuation of the 
taxable property in each town, village and city within 
their limits. The county clerks then apportion the State 
and county taxes to the several towns, villages and cities, 
just as the secretary of State apportions the State taxes 
to each county, the county rate and amount for each town, 
village and city being determined in the same way. No- 
tice of such apportionment is then sent to these respec- 
tive clerks. If errors should be made, or any town, vil- 
lage or city should be dissatisfied with the county assess- 
ment, they may, within a year, petition the circuit judge 
to appoint a commission of equalization consisting of 
three persons. This commission reviews the work of the 
county board, and after full and impartial investigation 
in a judicial manner, determines finally the proper valu- 
ation. 

(c) Local. — After the State and county assessments and 
apportionments have been made, they are added to the 
town, village and city assessments by the respective clerks, 
and the rate necessary to meet these assessments is im- 



TAXES AND TAXATION. 115 

posed upon each individual to be paid as directed by 
law. 

97. Collection of Taxes. — Local taxes in villages and 
cities are collected by the village and city treasurers re- 
spectively. Sometimes, also, the State and county taxes 
levied on property within the limits of the village or 
city are collected by the village or city treasurer and 
paid over in the same manner as if they had been col- 
lected by the town treasurer. Usually, however, State 
and county taxes, as well as town taxes, are collected by 
the town treasurer. After receiving the tax roll, the treas- 
urer posts notices in three public places, that the taxes are 
to be paid to him by or before the tenth day of January. 
If they are not paid then, it is his duty to collect them if 
possible; and for this purpose he may seize and sell prop- 
erty whenever necessary. All taxes that he is unable to 
collect, he reports to the county treasurer, who is then 
charged with their collection. When the town treasurer 
has finished the collection of the taxes in his town, he 
keeps the local taxes of the town and his fees, and pays 
over to the county treasurer the town's share of county 
and State taxes that he has been required to collect. 
Thereupon the county treasurer pays over to the State 
treasurer the county's share of State taxes. 



CONSTITUTION 

OF THE 

STATE OF WISCONSIN. 

PREAMBLE. 

We, the people of Wisconsin, grateful to Almighty God for our 
freedom, in order to secure its blessings, form a more perfect gov- 
ernment, insure domestic tranquility, and promote the general 
welfare, do establish this constitution. 

ARTICLE I. 

DECLARATION OF RIGHTS. 

Section I. All men are born equally free and independent, 
and have certain inherent rights ; among these are life, liberty, 
and the pursuit of happiness. To secure these rights govern- 
ments are instituted among men, deriving their just powers from 
the consent of the governed. 

Sec. 2. There shall be neither slavery nor involuntary servi- 
tude in this State otherwise than for the punishment for crime, 
whereof the party shall have been duly convicted. 

Sec. 3. Every person may freely speak, write and publish his 
sentiments on all subjects, being responsible for the abuse of that 
right, and no laws shall be passed to restrain or abridge the liberty 
of speech or of the press. In all criminal prosecutions or indict- 
ments for libel, the truth may be given in evidence ; and if it shall 
appear to the jury that the matter charged as libelous be true, and 
was published with good motives and for justifiable ends, the 
party shall be acquitted ; and the jury shall have the right to de- 
termine the law and the facts. 

Sec. 4. The right of the people peaceably to assemble to con- 
116 



CONSTITUTION OF WISCONSIN. 117 

suit for the common good, and to petition the government or any 
department thereof shall never be abridged. 

Sec. 5. The right of trial by jury shall remain inviolate, and 
shall extend to all cases at law, without regard to the amount in 
controversy ; but a jury trial may be waived by the parties in all 
cases in the manner prescribed by law. 

Sec. 6. Excessive bail shall not be required, nor shall excessive 
fines be imposed, nor cruel and unusual punishment be inflicted. 

Sec. 7. In all criminal prosecutions the accused shall enjoy 
the right to be heard by himself and counsel ; to demand the na- 
ture and cause of the accusation against him ; to meet the wit- 
nesses face to face; to have compulsory process to compel the 
attendance of witnesses in his behalf; and in prosecutions by in- 
dictment or information, to a speedy public trial by an impartial 
jury of the county or district wherein the offense shall have been 
committed ; which county or district shall have been previously 
ascertained by law. 

Sec. 8. No person shall be held to answer for a criminal 
offense without due process of law, and no person, for the same 
offense, shall be put twice in jeopardy of punishment, nor shall 
be compelled in any criminal case to be a witness against himself. 
All persons shall before conviction be bailable by sufficient sure- 
ties, except for capital offenses when the proof is evident or the 
presumption great ; and the privilege of the writ of habeas corpus 
shall not be suspended unless when in cases of rebellion or 
invasion the public safety may require it. [As amended by a vote 
of the people at the general election, November 8 7 1870.] 

Sec. 9. Every person is entitled to a certain remedy in the 
laws, for all injuries or wrongs he may receive in his person, 
property or character; he ought to obtain justice freely; and 
without being obliged to purchase it, completely and without 
denial, promptly and without delay, conformably to the laws. 

Sec. 10. Treason against the State shall consist only in levy- 
ing war against the same, or in adhering to its enemies, giving 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, or 
on confession in open court. 

Sec. 11. The right of the people to be secure in their per- 
sons, houses, papers and effects, against unreasonable searches 
and seizures shall not be violated, and no warrant shall issue but 



118 CONSTITUTION OF WISCONSIN 

upon probable cause, supported by oath or affirmation, and par- 
ticularly describing the place to be searched, and the persons or 
things to be seized. 

Sec. 12. No bill of attainder, ex post facto law, nor any law 
impairing the obligation of contracts, shall ever be passed ; and 
no conviction shall work corruption of blood or forfeiture of 
estate. 

Sec. 13. The property of no person shall be taken for public 
use without just compensation therefor. 

Sec. 14. All lands within the State are declared to be allodial, 
and feudal tenures are prohibited. Leases and grants of agricul- 
tural land, for a longer term than fifteen years, in which rent or 
service of any kind shall be reserved, and all fines and like re- 
straints upon alienation, reserved in any grant of land hereafter 
made, are declared to be void. 

Sec. 15. No distinction shall ever be made by law between 
resident aliens and citizens, in reference to the possession, enjoy- 
ment, or descent of property. 

Sec. 16. No person shall be imprisoned for debt arising out of, 
or founded on a contract, expressed or implied. 

Sec. 17. The privilege of the debtor to enjoy the necessary 
comforts of life shall be recognized by wholesome laws, exempting 
a reasonable amount of property from seizure or sale for the pay- 
ment of any debt or liability hereafter contracted. 

Sec. 18. The right of every man to worship Almighty God 
according to the dictates of his own conscience shall never be 
infringed, nor shall any man be compelled to attend, erect, or 
support any place of worship, or to maintain any ministry against 
his consent. Nor shall any control of, or interference with the 
rights of conscience be permitted, or any preference be given by 
law to any religious establishments or mode of worship. Nor 
shall any money be drawn from the treasury for the benefit of 
religious societies, or religious or theological seminaries. 

Sec. 19. No religious tests shall ever be required as a qualifi- 
cation for any office or public trust, under the State, and no per- 
son shall be rendered incompetent to give evidence in any court 
of law or equity, in consequence of his opinions on the subject of 
religion. 

Sec. 20. The military shall be in strict subordination to the 
civil power. 



CONSTITUTION OF WISCONSIN 119 

Sec. 21. Writs of error shall never be prohibited by law. 

Sec. 22. The blessings of a free government can only be 
maintained by a firm adherence to justice, moderation, temper- 
ance, frugality and virtue, and by frequent recurrence to funda- 
mental principles. 

AETICLE II. 

BOUNDARIES. 

Section 1. It is hereby ordained and declared that the State 
of Wisconsin doth consent and accept of the boundaries pre- 
scribed in the act of Congress entitled " An act to enable the 
people of Wisconsin Territory to form a constitution and State 
government, and for the admission of such State into the Union," 
approved August sixth, one thousand eight hundred and forty- 
six, to-wit: beginning at the northeast corner of the State of 
Illinois, that is to say, at a point in the center of Lake Michi- 
gan where the line of forty-two degrees and thirty minutes of 
north latitude crosses the same ; thence, running with the boun- 
dary of the State of Michigan, through Lake Michigan, Green 
Bay, to the mouth of the Menominee River ; thence up the chan- 
nel of the said river to the Brule Eiver ; thence up said last men- 
tioned river to Lake Brule ; thence along the southern shore of 
Lake Brule, in a direct line to the center of the channel be- 
tween Middle and South Islands, in the Lake of the Desert; 
thence in a direct line to the head waters of the Montreal Eiver, 
as marked upon the survey made by Captain Cram ; thence 
down the main channel of the Montreal Eiver to the middle of 
Lake Superior; thence through the center of Lake Superior to 
the mouth of the St. Louis Eiver ; thence up the main channel 
of said river to the first rapids in the same, above the Indian 
village, according to Nicollet's map; thence due south to the 
main branch of the river St. Croix; thence down the main 
channel of said river to the Mississippi ; thence down the center 
of the main channel of that river to the northwest corner of 
the State of Illinois ; thence due east with the northern boun- 
dary of the State of Illinois, to the place of beginning, as es- 
tablished by " An act to enable the people of the Illinois Terri- 
tory to form a constitution and State government, and for the 
admission of such State into the Union on an equal footing 
with the original States," approved April 18, 1818. [* Provided, 
* Not assented to by Congress. . 



120 CONSTITUTION OF WISCONSIN 

however, That the following alteration of the aforesaid boundary 
be, and hereby is, proposed to the Congress of the United States 
as the preference of the State of Wisconsin, and if the same 
shall be assented and agreed to by the Congress of the United 
States, then the same shall be and forever remain obligatory on 
the State of Wisconsin, viz. : leaving the aforesaid boundary line 
at the foot of the rapids of the St. Louis river ; thence, in a direct 
line bearing southwesterly, to the mouth of the Iskodewabo or 
Rum Eiver, where the same empties into the Mississippi River 
thence down the main channel of the said Mississippi River, as 
prescribed in the aforesaid boundary.] 

Sec. 2. The propositions contained in the act of Congress 
are hereby accepted, ratified and confirmed, and shall remain 
irrevocable without the consent of the United States ; and it is 
hereby ordained that this State shall never interfere with the 
primary disposition of the soil within the same, by the United 
States, nor with any regulations Congress may find necessary 
for securing the title in such soil to bona fide purchasers thereof; 
and no tax shall be imposed on land, the property of the United 
States ; and in no case shall non-resident proprietors be taxed 
higher than residents. Provided, That nothing in this constitution, 
or in the act of Congress aforesaid, shall in any manner prejudice 
or affect the right of the State of Wisconsin to five hundred 
thousand acres of land granted to said State, and to be hereafter 
selected and located, by and under the act of Congress, entitled, 
" An act to appropriate the proceeds of sales of the public lands, 
and grant pre-emption rights," approved September fourth, one 
thousand eight hundred and forty-one. 

ARTICLE III. 

SUFFRAGE. 

Section 1. Every male person of the age of twenty-one years 
or upwards belonging to either of the following classes who shall 
have resided within the State for one year next preceding any 
election, and in the election district where he offers to vote such 
time as may be prescribed by the legislature, not exceeding thirty 
days, shall be deemed a qualified elector at such election: 

1. Citizens of the United States. 

2. Persons of foreign birth who shall have declared their in- 



CONSTITUTION OF WISCONSIN. 121 

tention to become citizens conformably to the laws of the United 
States on the subject of naturalization. 

3. Persons of Indian blood who have once been declared by 
law of Congress to be citizens of the United States, any subse- 
quent law of Congress to the contrary notwithstanding. 

4. Civilized persons of Indian descent not members of any 
tribe ; provided, that the legislature may at any time extend by 
law the right of suffrage to persons not herein enumerated ; but 
no such law shall be in force until the same shall be submitted 
to a vote of the people at a general election and approved by 
a majority of all the votes cast at such election ; and provided 
further, that in incorporated cities and villages, the legislature 
may provide for the registration of electors and prescribe proper 
rules and regulations therefor. [As amended by a vote of the people 
at the general election, November 7, 1882.] 

Sec. 2. No person under guardianship, non compos mentis, or 
insane, shall be qualified to vote at any election ; nor shall any 
person convicted of treason or felony be qualified to vote at any 
election unless restored to civil rights. 

Sec. 3. All votes shall be given by ballot, except for such 
township officers as may by law be directed or allowed to be other- 
wise chosen. 

Sec. 4. No person shall be deemed to have lost his residence 
in this State by reason of his absence on business of the United 
States, or of this State. 

Sec. 5. No soldier, seaman or marine, in the army or navy of 
the United States, shall be deemed a resident of this State in con- 
sequence of being stationed within the same. 

Sec. 6. Laws may be passed excluding from the right of suf- 
frage all persons who have been or may be convicted of bribery 
or larceny, or of any infamous crime, and depriving every person 
who shall make, or become directly or indirectly interested in, any 
bet or wager depending upon the result of any election, from the 
right to vote at such election. 

ARTICLE IV. 

LEGISLATIVE. 

Section 1. The legislative power shall be vested in a senate 
and assembly. 
Sec. 2. The number of the members of the assembly shall 

L 



122 CONSTITUTION OF WISCONSIN 

never be less than fifty-four, nor more than one hundred. The 
senate shall consist of a number not more than one-third, nor less 
than one-fourth, of the number of the members of the assembly. 

Sec. 3. The legislature shall provide by law for an enumera- 
tion of the inhabitants of the State, in the year one thousand 
eight hundred and fifty-five, and at the end of every ten years 
thereafter ; and at their first session after such enumeration, and 
also for each enumeration made by the authority of the United 
States, the legislature shall apportion and district anew the mem- 
bers of the senate and assembly, according to the number of in- 
habitants, excluding Indians not taxed, and soldiers and officers 
of the United States army and navy. 

Sec. 4. The members of the assembly shall be chosen bi- 
ennially, by single districts, on the Tuesday succeeding the first 
Monday of November after the adoption of this amendment, by 
the qualified electors of the several districts ; such districts to be 
bounded by county, precinct, town or ward lines, to consist of con- 
tiguous territory, and to be in as compact form as practicable. 

Sec. 5. The senators shall be elected by single districts of 
convenient contiguous territory, at the same time and in the same 
manner as members of the assembly are required to be chosen, 
and no assembly district shall be divided in the formation of a 
senate district. The senate districts shall be numbered in the 
regular series, and the senators shall be chosen alternately from 
the odd and even numbered districts. The senators elected, or 
holding over at the time of the adoption of this amendment, shall 
continue in office till their successors are duly elected and quali- 
fied ; and after the adoption of this amendment, all senators shall 
be chosen for the term of four years. 

Sec. 6. No person shall be eligible to the legislature who shall 
not have resided one year within the State, and be a qualified 
elector in the district which he may be chosen to represent. 

Sec. 7. Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each 
shall constitute a quorum to do business ; but a smaller number 
may adjourn from day to day and may compel the attendance of 
absent members, in such manner and under such penalties as each 
house may provide. 

Sec. 8. Each house may determine the rules of its own pro- 
ceedings, punish for contempt and disorderly behavior, and, with 



CONSTITUTION OF WISCONSIN 123 

the concurrence of two-thirds of all the members elected, expel a 
member ; but no member shall be expelled a second time for the 
same cause. 

Sec. 9. Each house shall choose its own officers, and the 
senate shall choose a temporary president, when the lieutenant 
governor shall not attend as president, or shall act as governor. 

Sec. 10. Each house shall keep a journal of its proceedings, 
and publish the same, except such parts as require secrecy. The 
doors of each house shall be kept open, except when the public 
welfare shall require secrecy. Neither house shall, without the 
consent of the other, adjourn for more than three days. 

Sec. 11. The legislature shall meet at the seat of government 
at such time as shall be provided by law, once in two years and 
no oftener, unless convened by the governor in special session, 
and when so convened no business shall be transacted except as 
shall be necessary to accomplish the special purposes for which it 
was convened. 

Sec. 12. No member of the legislature shall, during the term 
for which he was elected, be appointed or elected to any civil 
office in the State which shall have been created, or the emolu- 
ments of which shall have been increased, during the term for 
which he was elected. 

Sec. 13. No person being a member of congress or holding 
'any military or civil office under the United States, shall be 
eligible to a seat in the legislature ; and if any person shall, after 
his election as a member of the legislature, be elected to con- 
gress, or be appointed to any office, civil or military, under the 
government of the United States, his acceptance thereof shall 
vacate his seat. 

Sec. 14. The governor shall issue writs of election to fill such 
vacancies as may occur in either house of the legislature. 

Sec. 15. Members of the legislature shall, in all cases except 
treason, felony, and breach of the peace, be privileged from 
arrest; nor shall they be subject to any civil process, during the 
session of the legislature, nor for fifteen days next before the 
commencement and after the termination of each session. 

Sec. 16. No member of the legislature shall be liable in any 
civil action or criminal prosecution whatever, for words spoken in 
debate. 

Sec. 17. The style of the laws of the State shall be, "The 



124 CONSTITUTION OF WISCONSIN 

people of the State of Wisconsin, represented in senate and 
assembly, do enact as follows," and no law shall be enacted except 
by bill. 

Sec. 18. No private or local bill, which may be passed by the 
legislature, shall embrace more than one subject, and that shall 
be expressed in the title. 

Sec. 19. Any bill may originate in either house of the legisla- 
ture, and a bill passed by one house may be amended by the 
other. 

Sec. 20. The yeas and nays of the members of either house, on 
any question, shall, at the request of one-sixth of those present, be 
entered on the journal. 

Sec. 21. Each member of the legislature shall receive for his 
services, for and during a regular session, the sum of five hundred 
dollars, and ten cents for every mile he shall travel in going to 
and returning from the place of meeting of the legislature on the 
most usual route. In case of an extra session of the legislature, 
no additional compensation shall be allowed to any member 
thereof, either directly or indirectly, except for mileage, to be 
computed at the same rate as for a regular session. No stationery, 
newspapers, postage or other perquisite, except the salary and 
mileage above provided, shall be received from the State by any 
member of the legislature for his services, or in any other manner 
as such member. 

Sec. 22. The legislature may confer upon the boards of super- 
visors of the several counties of the State, such powers, of a local, 
legislative and administrative character, as they shall from time 
to time prescribe. 

Sec. 23. The legislature shall establish but one system of 
town and county government, which shall be as nearly uniform 
as practicable. 

Sec. 24. The legislature shall never authorize any lottery or 
grant any divorce. 

Sec. 25. The legislature shall provide by law that all sta- 
tionery required for the use of the State, and all printing author- 
ized and required by them to be done for their use, or for the 
State, shall be let by contract to the lowest bidder ; but the legis- 
lature may establish a maximum price. No member of the legis- 
lature, or other State officer, shall be interested, either directly or 
indirectly, in any such contract. 



CONSTITUTION OF WISCONSIN. 125 

Sec. 26. The legislature shall never grant any extra com- 
pensation to any public officer, agent, servant or contractor, after 
the service shall have been rendered or the contract entered into. 
ISTor shall the compensation of any public officer be increased or 
diminished during his term of office. 

Sec. 27. The legislature shall direct by law in what manner 
and in what court suit may be brought against the State. 

Sec. 28. Members of the legislature, and all officers, executive 
and judicial, except such inferior officers as may be by law ex- 
empted, shall, before they enter upon the duties of their respective 
offices, take and subscribe an oath or affirmation to support the 
constitution of the United States, and the constitution of the 
State of Wisconsin, and faithfully to discharge the duties of 
their respective offices to the best of their ability. 

Sec. 29. The legislature shall determine what persons shall 
constitute the militia of the State, and may provide for organizing 
and disciplining the same, in such manner as shall be prescribed 
by law. 

Sec. 30. In all elections to be made by the legislature, the 
members thereof shall vote viva voce, and their votes shall be 
entered on the journal. 

Sec. 31. The legislature is prohibited from enacting any 
special or private laws in the following cases : 1st. For changing 
the name of persons or constituting one person the heir-at-law of 
another. 2d. For laying out, opening or altering highways, ex- 
cept in cases of State roads extending into more than one county, 
and military roads to aid in the construction of which lands may 
be granted by Congress. 3d. For authorizing persons to keep 
ferries across streams, at points wholly within this State. 4th. 
For authorizing the sale or mortgage of real or personal property 
of minors or others under disability. 5th. For locating or chang- 
ing any county seat. 6th. For assessment or collection of taxes 
or for extending the time for collection thereof. 7th. For grant- 
ing corporate powers or privileges, except to cities. 8th. For 
authorizing the apportionment of any part of the school fund. 
9th. For incorporating any city, town or village, or to amend the 
charter thereof. 

Sec. 32. The legislature shall provide general laws for the 
transaction of any business that may be prohibited by section 



126 



CONSTITUTION OF WISCONSIN. 



thirty-one of this article, and all such laws shall be uniform in 
their operations throughout the State. 

[Sections 4, 5, 11 and 21, as amended by a vote of the people at the general 
election, November 8, 1881. 

Sections 31 and 32, as amended by a vote of the people at the general elec- 
tion, November 7, 1871, and amendment to section 31, adopted November 8, 
1892.] 

AKTICLE V. 

EXECUTIVE. 

Section 1. The executive power shall be vested in a gov- 
ernor who shall hold his office for two years. A lieutenant 
governor shall be elected at the same time, and for the same 
term. 

Sec. 2. No person, except a citizen of the United States, and 
a qualified elector of the State shall be eligible to the office of 
governor or lieutenant governor. 

Sec. 3. The governor and lieutenant governor shall be elected 
by the qualified electors of the State at the times and places of 
choosing members of the legislature. The persons respectively 
having the highest number of votes for governor and lieutenant 
governor shall be elected. But in case two or more shall have an 
equal and the highest number of votes for governor or lieutenant 
governor, the two houses of the legislature, at its next annual 
session, shall forthwith, by joint ballot, choose one of the persons 
so having an equal and the highest number of votes for governor 
or lieutenant governor. The returns of election for governor and 
lieutenant governor shall be made in such manner as shall be pro- 
vided by law. 

Sec. 4. The governor shall be commander-in-chief of the 
military and naval forces of the State. He shall have the power 
to convene the legislature on extraordinary occasions ; and in case 
of invasion, or danger from the prevalence of contagious disease 
at the seat of the government, he may convene them at any other 
suitable place within the State. He shall communicate to the 
legislature, at every session, the condition of the State, and 
recommend such matter to them for their consideration, as he 
may deem expedient. He shall transact all necessary business 
with the officers of the government, civil and military. He shall 
expedite all such measures, as may be resolved upon by the legis- 
lature, and shall take care that the laws be faithfully executed. 









CONSTITUTION OF WISCONSIN. 127 

Sec. 5. The governor shall receive during his continuance 
in office, an annual compensation of five thousand dollars, which 
shall be in full for all traveling or other expenses incident to his 
duties. 

Sec. 6. The governor shall have power to grant reprieves, 
commutations, and pardons, after conviction, for all offenses 
except treason and cases of impeachment, upon such conditions 
and with such restrictions and limitations as he may think 
proper, subject to such regulations as may be provided by law 
relative to the manner of applying for pardons. Upon convic- 
tion for treason, he shall have the power to suspend the execu- 
tion of the sentence until the case shall be reported to the leg- 
islature, at its next meeting, when the legislature shall either 
pardon, or commute the sentence, direct the execution of the 
sentence or grant a further reprieve. He shall annually com- 
municate to the legislature each case of reprieve, commutation 
or pardon granted, stating the name of the convict, the crime 
of which he was convicted, the sentence and its date, and the 
date of the commutation, pardon, or reprieve, with his reasons 
for granting the same. 

Sec. 7. In case of the impeachment of the governor, or his 
removal from office, death, inability from mental or physical 
disease, resignation, or absence from the State, the powers and 
duties of the office shall devolve upon the lieutenant governor, 
for the residue of the term, or until the governor, absent or im- 
peached, shall have returned, or the disability shall cease/ But 
when the governor shall, with the consent of the legislature, be 
out of the State in time of war, at the head of the military 
force thereof, he shall continue commander-in-chief of the military 
force of the State. 

Sec. 8. The lieutenant governor shall be president of the 
senate, but shall have only a casting vote therein. If, during a 
vacancy in the office of governor, the lieutenant governor shall 
be impeached, displaced, resign, die, or from mental or physical 
disease become incapable of performing the duties of his office, 
or be absent from the State, the Secretary of State shall act 
as governor until the vacancy shall be filled, or the disability 
shall cease. 

Sec. 9. The lieutenant governor shall receive during his con- 
tinuance in office, an annual compensation of one thousand dollars. 



128 



CONSTITUTION OF WISCONSIN. 



Sec. 10. Every bill which shall have passed the legislature 
shall, before it becomes a law, be presented to the governor. If 
he approve, he shall sign it ; but if not, he shall return it, with 
his objections, to that house in which it shall have originated, 
who shall enter the objections at large upon the journal and pro- 
ceed to reconsider it. If, after such reconsideration, two-thirds 
of the members present shall agree to pass the bill, it shall be 
sent, together with the objections to the other house, by which it 
shall likewise be reconsidered, and if approved by two-thirds of 
the members present, it shall become a law. But in all such 
cases, the votes of both houses shall be determined by yeas and 
nays, and the names of the members voting for or against the bill 
shall be entered on the journal of each house, respectively. If 
any bill shall not be returned by the governor within three days 
(Sundays excepted) after it shall have been presented to him, the 
same shall be a law, unless the legislature shall, by their adjourn- 
ment, prevent its return ; in which case it shall not be a law. 

[Sections 5 and 9, as amended by a vote of the people at the general election, 
November 2, 1869.] 

AKTICLE VI. 

ADMINISTRATIVE. 

Section 1. There shall be chosen by the qualified electors of 
the state, at the times and places of choosing the members of the 
legislature, a secretary of State, treasurer, and attorney general, 
who shall severally hold their offices for the term of two years. 

Sec. 2. The secretary of State shall keep a fair record of the 
official acts of the legislature and executive department of the 
State, and shall, when required, lay the same and all matters rela- 
tive thereto before either branch of the legislature. He shall be 
ex officio auditor, and shall perform such other duties as shall be 
assigned him by law. He shall receive as a compensation for his 
services, yearly, such sum as shall be provided by law, and shall 
keep his office at the seat of government. 

Sec. 3. The powers, duties and compensation of the treasurer 
and attorney general shall be prescribed by law. 

Sec. 4. Sheriffs, coroners, registers of deeds, district attor- 
neys, and all other county officers, except judicial officers, shall 
be chosen by the electors of the respective counties, once in every 
two years. Sheriffs shall hold no other office, and be ineligible 



CONSTITUTION OF WISCONSIN 129 

for two years next succeeding the termination of their offices; 
they may be required by law to renew their security from time to 
time, and in default of giving such new security their office shall 
be deemed vacant, but the county shall never be made responsible 
for the acts of the sheriff. The governor may remove any officer 
in this section mentioned, giving to such a copy of the charges 
against him and an opportunity of being heard in his defense. 
All vacancies shall be filled by appointment, and the person ap- 
pointed to fill a vacancy shall hold only for the unexpired portion 
of the term to which he shall be appointed and until his successor 
shall be elected and qualified. [As amended by a vote of the people 
at the general election, November 7, 1882.] 

ARTICLE VII. 

JUDICIARY. 

Section 1. The court for the trial of impeachment shall be 
composed of the senate. The house of representatives shall have 
the power of impeaching all civil officers of this State, for corrupt 
conduct in office, or for crimes and misdemeanors ; but a majority 
of all the members elected shall concur in an impeachment. On 
the trial of an impeachment against the governor, the lieutenant 
governor shall not act as a member of the court. No judicial 
officer shall exercise his office after he shall have been impeached, 
until his acquittal. Before the trial of an impeachment, the mem- 
bers of the court shall take an oath or affirmation truly and im- 
partially to try the impeachment, according to evidence ; and no 
person shall be convicted without the concurrence of two- thirds 
of the members present. Judgment in cases of impeachment shall 
not extend further than to removal from office, or removal from 
office and disqualification to hold any office of honor, profit or 
trust, under the State ; but the party impeached shall be liable to 
indictment, trial and punishment according to law. 

Sec. 2. The judicial power of this State, both as to matters of 
law and equity, shall be vested in a supreme court, circuit courts, 
courts of probate, and in justices of the peace. The legislature 
may also vest such jurisdiction as shall be deemed necessary in 
municipal courts, and shall have power to establish inferior 
courts in the several counties, with limited civil and criminal 
jurisdiction. Provided, That the jurisdiction which may be 
vested in municipal courts shall not exceed, in their respective 
9— Wis 



130 CONSTITUTION OF WISCONSIN. 

municipalities, that of circuit courts in their respective circuits, 
as prescribed in this constitution ; and that the legislature shall 
provide as well for the election of judges of the municipal courts 
as of the judges of inferior courts, by the qualified electors of the 
respective jurisdictions. The term of office of the judges of the 
said municipal and inferior courts shall not be longer than that 
of the judges of the circuit courts. 

Sec. 3. The supreme court, except in cases otherwise pro- 
vided in this constitution, shall have appellate jurisdiction only, 
which shall be co-extensive with the State ; but in no case 
removed to the supreme court, shall a trial by jury be allowed. 
The supreme court shall have a general superintending control 
over all inferior courts; it shall have power to issue writs of 
habeas corpus, mandamus, injunction, quo warranto, certiorari, and 
other original and remedial writs, and to hear and determine the 
same. 

Sec. 4. The chief justice and associate justices of the su- 
preme court shall be severally known as justices of said court 
with the same terms of office, respectively, as now provided. The 
supreme court shall consist of five justices (any three of whom 
shall be a quorum), to be elected as now provided. The justice 
having been longest a continuous member of the court (or in case 
of two or more of such senior justices having served for the same 
length of time, then the one whose commission first expires), 
shall be ex-officio the chief justice. \_As amended by a vote of the 
people at an election April 2, 1892.] 

Sec. 5. The state shall be divided into five judicial circuits, to 
be composed as follows: The First circuit shall comprise the 
counties of Racine, Walworth, Rock and Green. The Second 
circuit, the counties of Milwaukee, Waukesha, Jefferson and 
Dane. The Third circuit, the counties of Washington, Dodge, 
Columbia, Marquette, Sauk and Portage. The Fourth circuit, 
the counties of Brown, Manitowoc, Sheboygan, Fond du Lac, 
Winnebago and Calumet. And the Fifth circuit shall comprise 
the counties of Iowa, La Fayette, Grant, Crawford and St. Croix ; 
and the county of Richland shall be attached to Iowa, the county 
of Chippewa to the county of Crawford, and the county of La 
Pointe to the county of St. Croix, for judicial purposes, until 
otherwise provided by the legislature. 

Sec. 6. The legislature may alter the limits, or increase the 



CONSTITUTION OF WISCONSIN. 131 

number of circuits, making them as compact and convenient as 
practicable, and bounding them by county lines; but no such 
alteration or increase shall have the effect to remove a judge from 
office. In case of an increase of circuits, the judge or judges shall 
be elected as provided in this constitution, and receive a salary 
not less than that herein provided for judges of the circuit court. 

Sec. 7. For each circuit there shall be a judge chosen by the 
qualified electors therein, who shall hold his office as is provided 
in this constitution, and until his successor shall be chosen and 
qualified ; and after he shall have been elected, he shall reside in 
the circuit for which he was elected. One of said judges shall 
be designated as chief justice, in such manner as the legislature 
shall provide. And the legislature shall, at its first session, 
provide by law, as well for the election of. as for classifying the 
judges of the circuit court, to be elected under this constitution 
in such a manner that one of said judges shall go out of office in 
two years, one in three years, one in four years, one in five years 
and one in six years, and thereafter the judge elected to fill the 
office shall hold the same for six years. 

Sec. 8. The circuit courts shall have original jurisdiction in 
all matters, civil and criminal, within this State, not excepted in 
this constitution, and not hereafter prohibited by law, and appel- 
late jurisdiction from all inferior courts and tribunals, and a 
supervisory control over the same. They shall also have the 
power to issue writs of habeas corpus, mandamus, injunction, quo 
icarranto, certiorari, and all other writs necessary to carry into effect 
their orders, judgments and decrees, and give them a general con- 
trol over inferior courts and jurisdictions. 

Sec. 9. When a vacancy shall happen in the office of judge of 
the supreme or circuit courts, such vacancy shall be filled by an 
appointment of the governor, which shall continue until a suc- 
cessor is elected and qualified ; and when elected, such successor 
shall hold his office the residue of the unexpired term. There 
shall be no election for a judge or judges at any general election 
for State or county officers, nor within thirty days either before or 
after such election. 

Sec. 10. Each of the judges of the supreme and circuit courts 
shall receive a salary, payable quarterly, of not less than one 
thousand five hundred dollars annually ; they shall receive no 
fees of office, or other compensation than their salaries; they 



132 



CONSTITUTION OF WISCONSIN 



shall hold no office of public trust, except a judicial office, during 
the term for which they are respectively elected, and all votes for 
either of them, for any office except a judicial office given by the 
legislature or the people, shall be void. No person shall be 
eligible to the office of judge, who shall not, at the time of his 
election, be a citizen of the United States, and have attained the 
age of twenty-five years, and be a qualified elector within the 
jurisdiction for which he may be chosen. 

Sec. 11. The supreme court shall hold at least one term 
annually, at the seat of government of the State, at such time 
as shall be provided by law, and the legislature may provide for 
holding other terms, and at other places, when they may deem it 
necessary. A circuit court shall be held at least twice in each 
year, in each county of this State, organized for judicial purposes. 
The judges of the circuit court may hold courts for each other, 
and shall do so when required by law. 

Sec. 12. There shall be a clerk of the circuit court chosen 
in each county organized for judicial purposes by the qualified 
electors thereof, who shall hold his office for two years, subject to 
removal as shall be provided by law; in case of a vacancy the 
judge of the circuit court shall have power to appoint a clerk 
until the vacancy shall be filled by an election ; the clerk thus 
elected or appointed shall give such security as the legislature 
may require. The supreme court shall appoint its own clerk 
and a clerk of the circuit court may be appointed a clerk of the 
supreme court. [As amended by a vote of the people at the general 
election, November 7, 1882.] 

Sec. 13. Any judge of the supreme or circuit court may be 
removed from office by address of both houses of the legislature, 
if two-thirds of all the members elect to each house concur 
therein ; but no removal shall be made by virtue of this section 
unless the judge complained of shall have been served with a 
copy of the charges against him as the ground of address, and 
shall have an opportunity of being heard in his defense. On 
the question of removal, the ayes and noes shall be entered on 
the journals. 

Sec. 14. There shall be chosen in each county, by the qualified 
electors thereof, a judge of probate, who shall hold his office for 
two years, and until his successor shall be elected and qualified, 
and whose jurisdiction, powers and duties shall be prescribed by 



CONSTITUTION OF WISCONSIN 133 

law. Provided, however, That the legislature shall have power to 
abolish the office of judge of probate in any county, and to confer 
probate powers upon such inferior courts as may be established in 
said county. 

Sec. 15. The electors of the several towns, at their annual 
town meetings, and the electors of cities and villages, at their 
charter elections, shall, in such manner as the legislature may 
direct, elect justices of the peace, whose term of office shall be 
for two years, and until their successors in office shall be elected 
and qualified. In case of an election to fill a vacancy occurring 
before the expiration of a full term, the justice elected shall hold 
for the residue of the unexpired term. Their number and classi- 
fications shall be regulated by law. And the tenure of two years 
shall in no wise interfere with the classification in the first instance. 
The justices thus elected shall have such civil and criminal juris- 
diction as shall be prescribed by law. 

Sec. 16. The legislature shall pass laws for the regulation 
of tribunals of conciliation, defining their powers and duties. 
Such tribunals may be established in and for any township, 
and shall have power to render judgment to be obligatory on 
the parties, when they shall voluntarily submit their matter in 
difference to arbitration, and agree to abide the judgment, or 
assent thereto in writing. 

Sec. 17. The style of all writs and process shall be, "The 
State of Wisconsin." All criminal prosecutions shall be carried 
on in the name and by the authority of the same ; and all in- 
dictments shall conclude against the peace and dignity of the 
State. 

Sec. 18. The legislature shall impose a tax on all civil suits 
commenced or prosecuted in the municipal, inferior, or circuit 
courts, which shall constitute a fund to be applied toward the 
payment of the salary of the judges. 

Sec. 19. The testimony in causes in equity shall be taken in 
like manner as in cases at law ; and the office of master in chancery 
is hereby prohibited. 

Sec. 20. Any suitor in any court in this State shall have the 
right to prosecute or defend his suit either in his own proper per- 
son or by an attorney or agent of his choice. 

Sec. 21. The legislature shall provide by law for the speedy 
publication of all statute laws, and of such judicial decisions 

M 



134 



CONSTITUTION OF WISCONSIN. 



made within the State, as may be deemed expedient. And no 
general law shall be in force until published. 

Sec. 22. The legislature, at its first session after the adoption 
of this constitution, shall provide for the appointment of three 
commissioners, whose duty it shall be to inquire into, revise, and 
simplify the rules of practice, pleadings, forms and proceedings, 
and arrange a system adapted to the courts of record of this State, 
and report the same to the legislature, subject to their modifica- 
tion and adoption ; and such commission shall terminate upon the 
rendering of the report, unless otherwise provided by law. 

Sec. 23. The legislature may provide for the appointment of 
one or more persons in each organized county, and may vest in 
such persons such judicial powers as shall be prescribed by law. 
Provided, That said power shall not exceed that of a judge of the 
circuit court at chambers. 

ARTICLE VIII. 

FINANCE. 

Section 1. The rule of taxation shall be uniform, and taxes 
shall be levied upon such property as the legislature shall pre- 
scribe. 

Sec. 2. No money shall be paid out of the treasury, except 
in pursuance of an appropriation by law. No appropriation 
shall be made for the payment of any claim against the State, 
except claims of the United States and judgments, unless filed 
within six years after the claim accrued. [As amended by a vote 
of the people at the general election, November 6, 1877.] 

Sec. 3. The credit of the State shall never be given or loaned 
in aid of any individual, association, or corporation. 

Sec. 4. The State shall never contract any public debt, except 
in the cases and manner herein provided. 

Sec. 5. The legislature shall provide for an annual tax suf- 
ficient to defray the estimated expenses of the State for each 
year; and whenever the expenses of any year shall exceed the 
income, the legislature shall provide for levying a tax for the 
ensuing year, sufficient, with other sources of income, to pay 
the deficiency, as well as the estimated expenses of such ensuing 
year. 

Sec. 6. -For the purpose of defraying extraordinary expendi- 
tures, the State may contract public debts ; but such debts shall 



CONSTITUTION OF WISCONSIN. 135 

never, in the aggregate, exceed one hundred thousand dollars. 
Every such debt shall be authorized by law, for some purpose or 
purposes to be distinctly specified therein ; and the vote of a 
majority of all the members elected to each house, to be taken by 
yeas and nays, shall be necessary to the passage of such law ; and 
every such law shall provide for levying an annual tax sufficient 
to pay the annual interest of such debt, and the principal within 
five years from the passage of such law, and shall specially appro- 
priate the proceeds of such taxes to the payment of such principal 
and interest ; and such appropriation shall not be repealed, nor 
the taxes be postponed or diminished, until the principal and in- 
terest of such debt shall have been wholly paid. 

Sec. 7. The legislature may also borrow money to repel inva- 
sion, suppress insurrection, or defend the State in time of war ; 
but the money thus raised shall be applied exclusively to the 
object for which the loan was authorized or to the repayment of 
the debt thereby created. 

Sec. 8. On the passage in either house of the legislature, of 
any law which imposes, continues or renews a tax, or creates a 
debt or charge, or makes, continues or renews an appropriation 
of public or trust money, or releases, discharges or commutes a 
claim or demand of the State, the question shall be taken by yeas 
and nays, which shall be duly entered on the journal; and three- 
fifths of all the members elected to such house, shall in all such 
cases be required to constitute a quorum therein. 

Sec. 9. No scrip, certificate or other evidence of State debt 
whatsoever, shall be issued, except for such debts as are authorized 
by the sixth and seventh sections of this article. 

Sec. 10. The State shall never contract any debt for works of 
internal improvement, or be a party in carrying on such works ; 
but whenever grants of land or other property shall have been 
made to the State, especially dedicated by the grant to particular 
works of internal improvement, the State may carry on such par- 
ticular works, and shall devote thereto the avails of such grants, 
and may pledge or appropriate the revenues derived from such 
works in aid of their completion. 

ARTICLE IX. 

EMINENT DOMAIN AND PROPERTY OF THE STATE. 

Section 1. The State shall have concurrent jurisdiction on all 



136 CONSTITUTION OF WISCONSIN 

rivers and lakes bordering on this State, so far as such rivers or 
lakes shall form a common boundary to the State, and any other 
State or territory now or hereafter to be formed and bounded by 
the same. And the river Mississippi and the navigable waters 
leading into the Mississippi and St. Lawrence, and the carrying 
places between the same, shall be common highways, and forever 
free, as well to the inhabitants of the State as to the citizens of 
the United States, without any tax, impost, or duty therefor. 

Sec. 2. The title of all lands and other property, which have 
accrued to the territory of Wisconsin, by grant, gift, purchase, 
forfeiture, escheat or otherwise, shall vest in the State of Wis- 
consin. 

Sec. 3. The people of the State, in their right of sovereignty, 

are declared to possess the ultimate property in and to all lands 

within the jurisdiction of the State; and all lands, the title to 

which shall fail from a defect of heirs, shall revert or escheat to 

the people. 

ARTICLE X. 

EDUCATION. 

Section 1. The supervision of public instruction shall be 
vested in a State superintendent, and such other officers as the 
legislature shall direct. The State superintendent shall be 
chosen by the qualified electors of the State, in such manner as 
the legislature shall provide ; his powers, duties and compensa- 
tion shall be prescribed by law. Provided, That his compensa- 
tion shall not exceed the sum of twelve hundred dollars annually. 

Sec. 2. The proceeds of all lands that have been or hereafter 
may be granted by the United States to this State, for educational 
purposes (except the lands heretofore granted for the purposes of 
a university), and all moneys, and the clear proceeds of all prop- 
erty, that may accrue to the State by forfeiture or escheat, and all 
moneys which may be paid as an equivalent for exemption from 
military duty, and the clear proceeds of all fines collected in the 
several counties for any breach of the penal laws, and all moneys 
arising from any grant to the State where the purposes of such 
grant are not specified, and the five hundred thousand acres of 
land to which the State is entitled by the provisions of an act of 
Congress, entitled "An act to appropriate the proceeds of the sale 
of public lands, and to grant pre-emption rights," approved the 
fourth day of September, one thousand eight hundred and forty- 



CONSTITUTION OF WISCONSIN. 137 

one, and also the five per centum of the net proceeds of the public 
lands to which the State shall become entitled on her admission 
into the Union (if Congress shall consent to such appropriation 
of the two grants last mentioned), shall be set apart as a separate 
fund, to be called the school fund, the interest of which, and all 
other revenues derived from the school lands, shall be exclusively 
applied to the following objects, to wit: 

1. To the support and maintenance of common schools in each 
school district, and the purchase of suitable libraries and appara- 
tus therefor. 

2. The residue shall be appropriated to the support and 
maintenance of academies and normal schools, and suitable 
libraries and apparatus therefor. 

Sec. 3. The legislature shall provide by law for the establish- 
ment of district schools, which shall be as nearly uniform as 
practicable, and such schools shall be free and without charge for 
tuition to all children between the ages of four and twenty years, 
and no sectarian instruction shall be allowed therein. 

Sec. 4. Each town and city shall be required to raise, by tax, 
annually, for the support of common schools therein, a sum not 
less than one-half the amount received by such town or city 
respectively for school purposes, from the income of the school 
fund. 

Sec. 5. Provision shall be made by law for the distribution of 
the income of the school fund among the several towns and cities 
of the State, for the support of common schools therein, in some 
just proportion to the number of children and youth resident 
therein, between the ages of four and twenty years, and no appro- 
priation shall be made from the school fund to any city or town 
for the year in which said city or town shall fail to raise such tax, 
nor to any school district for the year in which a school shall not 
be maintained at least three months. 

Sec. 6. Provision shall be made by law for the establishment 
of a State university, at or near the seat of State government, and 
for connecting with the same from time to time, such colleges in 
different parts of the State as the interests of education may 
require. The proceeds of all lands that have been or may here- 
after be granted by the United States to the State for the support 
of a university, shall be and remain a perpetual fund to be called 
the " University Fund," the interest of which shall be appropri- 



138 CONSTITUTION OF WISCONSIN. 

ated to the support of the State university, and no sectarian 
instruction shall be allowed in such university. 

Sec. 7. The secretary of State, treasurer and attorney general 
shall constitute a board of commissioners for the sale of the 
school and university lands and for the investment of the funds 
arising therefrom. Any two of said commissioners shall be a 
quorum for the transaction of all business pertaining to the duties 
of their office. 

Sec. 8. Provision shall be made by law for the sale of all 
school and university lands, after they shall have been appraised, 
and when any portion of such lands shall be sold, and the pur- 
chase money shall not be paid at the time of the sale, the com- 
missioners shall take security by mortgage upon the land sold for 
the sum remaining unpaid, with seven per cent, interest thereon, 
payable annually at the office of the treasurer. The commis- 
sioners shall be authorized to execute a good and sufficient con- 
veyance to all purchasers of such lands and to discharge any 
mortgages taken as security, when the sum due thereon shall 
have been paid. The commissioners shall have power to with- 
hold from sale any portion of such lands when they shall deem it 
expedient, and shall invest all moneys arising from the sale of 
'such lands, as well as all other university and school funds, in 
such manner as the legislature shall provide, and shall give such 
security for the faithful performance of their duties as may be 
required by law. 

AETICLE XI. 

CORPORATIONS. 

Section 1. Corporations without banking powers or privi- 
leges may be formed under general laws, but shall not be created 
by special act, except for municipal purposes, and in cases where, 
in the judgment of the legislature, the objects of the corporation 
cannot be attained under general laws. All general laws or 
special acts enacted under the provisions of this section may be 
altered or repealed by the legislature at any time after their 
passage. 

Sec. 2. No municipal corporation shall take private property 
for public use against the consent of the owner, without the ne- 
cessity thereof being first established by the verdict of a jury. 

Sec. 3. It shall be the duty of the legislature, and they are 
hereby empowered to provide for the organization of cities and 



CONSTITUTION OF WISCONSIN 139 

incorporated villages, and to restrict their power of taxation, 
assessment, borrowing money, contracting debts, and loaning their 
credit, so as to prevent abuses in assessment and taxation, and in 
contracting debts by such municipal corporations. No county, 
city, town, village, school district, or other municipal corporation, 
shall be allowed to become indebted in any manner or for any 
purpose, to any amount, including existing indebtedness, in the 
aggregate exceeding five per centum on the value of the taxable 
property therein, to be ascertained by the last assessment for 
State and county taxes, previous to the incurring of such indebt- 
edness. Any county, city, town, village, school district, or other 
municipal corporation, incurring any indebtedness as aforesaid, 
shall before or at the time of doing so, provide for the collection 
of a direct annual tax sufficient to pay the interest on said debt 
as it falls due, and also to pay and discharge the principal thereof 
within twenty years from the time of contracting the same. [As 
amended by a vote of the people at the general election, November 3, 
1874.] 

Sec. 4. The legislature shall not have power to create, au- 
thorize, or incorporate, by any general or special law, any bank 
or banking power or privilege, or any institution or corporation, 
having any banking power or privilege whatever, except as pro- 
vided in this article. 

Sec. 5. The legislature may submit to the voters at any 
general election, the question of "bank or no bank," and if at 
any such election a number of votes equal to a majority of all 
the votes cast at such election on that subject shall be in favor 
of banks, then the legislature shall have power to grant bank 
charters, or to pass a general banking law, with such restric- 
tions, and under such regulations as they may deem expedient 
and proper for the security of the bill holders. Provided, That 
no such grant or law shall have any force or effect until the 
same shall have been submitted to a vote of the electors of the 
State at some general election, and been approved by a majority 
of the votes cast on that subject at such election. 

AKTICLE XII. 

AMENDMENTS. 

Section 1. Any amendment or amendments to this constitu- 
tion may be proposed in either house of the legislature, and if 






140 CONSTITUTION OF WISCONSIN 

the same shall be agreed to by a majority of the members elected 
to each of the two houses, such proposed amendment or amend- 
ments shall be entered on their journals with the yeas and nays 
taken thereon, and referred to the legislature to be chosen at the 
next general election, and shall be published for three months 
previous to the time of holding such election. And if in the leg- 
islature so next chosen, such proposed amendment or amendments 
shall be agreed to by a majority of all the members elected to each 
house, then it shall be the duty of the legislature to submit such 
proposed amendment or amendments to the people, in such man- 
ner and at such time as the legislature shall prescribe, and if the 
people shall approve and ratify such amendment or amendments 
by a majority of the electors voting thereon, such amendment or 
amendments shall become part of the constitution. Provided, 
That if more than one amendment be submitted, they shall be 
submitted in such manner that the people may vote for or against 
such amendments separately. 

Sec. 2. If at any time a majority of the senate and assembly 
shall deem it necessary to call a convention to revise or change 
this constitution, they shall recommend to the electors to vote for 
or against a convention at the next election for members of the 
legislature ; and if it shall appear that a majority of the electors 
voting thereon have voted for a convention, the legislature shall 
at its next session provide for calling such convention. 

ARTICLE XIII. 

MISCELLANEOUS PROVISIONS. 

Section 1. The political year for the State of Wisconsin shall 
commence on the first Monday in January in each year, and the 
general elections shall be holden on the Tuesday next succeeding 
the first Monday in November. The first general election for all 
State and county officers, except judicial officers, after the adop- 
tion of this amendment, shall be holden in the year A. D. 1884, 
and thereafter the general election shall be held biennially. All 
State, county or other officers elected at the general election in 
the year 1881, and whose term of office would otherwise expire on 
the first Monday of January in the year 1884, shall hold and con- 
tinue in such office respectively, until the first Monday in Janu- 
ary in the year 1885. [As amended by a vote of the people at the 
general election, Nov. 7, 1882.] 



CONSTITUTION OF WISCONSIN 141 

Sec. 2. Any inhabitant of this State who may hereafter be 
engaged, either directly or indirectly, in a duel, either as principal 
or accessory, shall forever be disqualified as an elector, and from 
holding any office under the constitution and laws of this State, 
and may be punished in such other manner as shall be prescribed 
by law. 

Sec. 3. No member of Congress, nor any person holding any 
office of profit or trust under the United States (postmasters ex- 
cepted), or under any foreign power ; no person convicted of any 
infamous crime in any court within the United States ; and no 
person being a defaulter to the United States, or to this State, or 
to any county or town therein, or to any State or Territory within 
the United States, shall be eligible to any office of trust, profit or 
honor in this State. 

Sec. 4. It shall be the duty of the legislature to provide a 
great seal for the State, which shall be kept by the secretary of 
State, and all official acts of the governor, his approbation of the 
laws excepted, shall be thereby authenticated. 

Sec. 5. All persons residing upon Indian lands within any 
county of the State, and qualified to exercise the right of suffrage 
under this constitution, shall be entitled to vote at the polls which 
may be held nearest their residence for State, United States or 
county officers. Provided, That no person shall vote for county 
officers out of the county in which he resides. 

Sec. 6. The elective officers of the legislature, other than the 
presiding officers, shall be a chief clerk and a sergeant-at-arms, to 
be elected by each house. 

Sec. 7. No county with an area of nine hundred square miles 
or less, shall be divided or have any part stricken therefrom, 
without submitting the question to a vote of the people of the 
county, nor unless a majority of all the legal voters of the county 
voting on the question shall vote for the same. 

Sec. 8. No county seat shall be removed until the point to 
which it is proposed to be removed, shall be fixed by law, and a 
majority of the voters of the county voting on the question shall 
have voted in favor of its removal to such a point. 

Sec. 9. All county officers, whose election or appointment is 
not provided for by this constitution, shall be elected by the 
electors of the respective counties, or appointed by the boards 
of supervisors, or other county authorities as the legislature shall 



142 CONSTITUTION OF WISCONSIN. 

direct. All city, town and village officers, whose election or ap- 
pointment is not provided for by this constitution, shall be elected 
by the electors of such cities, towns and villages, or of some 
division thereof, or appointed by such authorities thereof as the 
legislature shall designate for that purpose. All other officers 
whose election or appointment is not provided for by this con- 
stitution, and all officers whose offices may hereafter be created 
by law, shall be elected by the people, or appointed as the legisla- 
ture may direct. 

Sec. 10. The legislature may declare the cases in which any 
office shall be deemed vacant, and also the manner of filling the 
vacancy where no provision is made for that purpose in this con- 
stitution. 

ARTICLE XIV. 

SCHEDULE. 

Section 1. That no inconvenience may arise by reason of a 
change from a territorial to a permanent State government, it 
is declared that all rights, actions, prosecutions, judgments, 
claims and contracts, as well of individuals as of bodies cor- 
porate, shall continue as if no such change had taken place, and 
all such process which may be issued under the authority of the 
territory of Wisconsin previous to its admission into the Union 
of the United States, shall be as valid as if issued in the name 
of the State. 

Sec. 2. All laws now in force in the territory of Wisconsin, 
which are not repugnant to this constitution, shall remain in 
force until they expire by their own limitation, or be altered or 
repealed by the legislature. 

Sec. 3. All fines, penalties or forfeitures accruing to the terri- 
tory of Wisconsin, shall inure to the use of the State. 

Sec. 4. All recognizances heretofore taken, or which may be 
taken before the change from a territorial to a permanent State 
government, shall remain valid, and shall pass to, and may be 
prosecuted in the name of the State, and all bonds executed to the 
governor of the territory, or to any other officer or court, in his 
or their official capacity, shall pass to the governor or State 
authority, and their successors in office, for the uses therein 
respectively expressed, and may be sued for and recovered 
accordingly ; and all the estate or property, real, personal or 
mixed, and all judgments, bonds specialties, choses in action, and 



CONSTITUTION OF WISCONSIN 143 

claims or debts of whatever description, of the territory of Wis- 
consin, shall inure to and vest in the State of Wisconsin, and may 
be sued for and recovered in the same manner and to the same 
extent by the State of Wisconsin as the same could have been by 
the territory of Wisconsin. All criminal prosecutions and penal 
actions which may have arisen, or which may arise before the 
change from a territorial to a State government, and which shall 
then be pending, shall be prosecuted to judgment and execution 
in the name of the State. All offenses committed against the 
laws of the territory of Wisconsin, before the change from a terri- 
torial to a State government, and which shall not be prosecuted 
before such change, may be prosecuted in the name and by the 
authority of the State of Wisconsin, with like effect as though 
such change had not taken place ; and all penalties incurred shall 
remain the same as if this constitution had not been adopted. 
All actions at law, and suits in equity, which may be pending in 
any of the courts of the territory of Wisconsin, at the time of the 
change from a territorial to a State government, may be continued 
and transferred to any court of the State which shall have juris- 
diction of the subject-matter thereof. 

Sec. 5. All officers, civil and military, now holding their 
offices under the authority of the United States, or of the territory 
of Wisconsin, shall continue to hold and exercise their respective 
offices until they shall be superseded by the authority of the State. 

Sec. 6. The first session of the legislature of the State of Wis- 
consin shall commence on the first Monday in June next, and 
shall be held at the village of Madison, which shall be and 
remain the seat of government until otherwise provided by law. 

Sec. 7. All county, precinct, and township officers shall con- 
tinue to hold their respective offices, unless removed by the com- 
petent authority, until the legislature shall, in comformity with 
the provisions of this constitution, provide for the holding of 
elections to fill such offices respectively. 

Sec. 8. The president of this convention shall, immediately 
after its adjournment, cause a fair copy of this constitution, 
together with a copy of the act of the legislature of this territory, 
entitled " An act in relation to the formation of a State govern- 
ment in Wisconsin, and to change the time of holding the annual 
session of the legislature," approved October 27, 1847, providing 
for the calling of this convention, and also a copy of so much of 



144 CONSTITUTION OF WISCONSIN 

the last census of the territory as exhibits the number of its 
inhabitants, to be forwarded to the president of the United States, 
to be laid before the Congress of the United States at its present 
session. 

Sec. 9. This constitution shall be submitted at an election to 
be held on the second Monday in March next, for ratification or 
rejection, to all white male persons of the age of twenty-one 
years or upwards, who shall then be residents of this territory 
and citizens of the United States, or shall have declared their 
intention to become such in conformity with the laws of Congress 
on the subject of naturalization; and all persons having such 
qualifications shall be entitled to vote for or against the adoption 
of this constitution, and for all officers first elected under it. And 
if the constitution be ratified by said electors, it shall become the 
constitution of the State of Wisconsin. On such of the ballots as 
are for the constitution, shall be written or printed the word, 
" yes ;" and on such as are against the constitution, the word, 
" no." The election shall be conducted in the manner now pre- 
scribed by law, and the returns made by the clerks of the boards 
of supervisors or county commissioners (as the case may be) to 
the governor of the territory, at any time before the tenth of 
April next. And in the event of the ratification of this constitu- 
tion, by a majority of all the votes given, it shall be the duty of 
the governor of this territory to make proclamation of the same, 
and to transmit a digest of the returns to the senate and assembly 
of the State, on the first day of their session. An election shall 
be held for governor and lieutenant governor, treasurer, attorney 
general, members of the State legislature, and members of Con- 
gress, on the second Monday of May next, and no other or further 
notice of such election shall be required. 

Sec. 10. Two members of Congress shall also be elected on 
the second Monday of May next ; and until otherwise provided 
by law, the counties of Milwaukee, Waukesha, Jefferson, Kacine, 
Walworth, Rock and Green shall constitute the First congres- 
sional district, and elect one member ; and the counties of Wash- 
ington, Sheboygan, Manitowoc, Calumet, Brown, Winnebago, 
Fond du Lac, Marquette, Sauk, Portage, Columbia, Dodge, Dane, 
Iowa, LaFayette, Grant, Richland, Crawford, Chippewa, St. 
Croix and La Pointe shall constitute the Second congressional 
district, and shall elect one member. 



CONSTITUTION OF WISCONSIN 145 

Sec. 11. The several elections provided for in this article shall 
be conducted according to the existing laws of the territory. Pro- 
vided, That no elector shall be entitled to vote, except in the town, 
ward or precinct where he resides. The returns of election, for 
senators and members of assembly, shall be transmitted to the 
clerk of the board of supervisors, or county commissioners, as the 
case may be, and the votes shall be canvassed, and certificates of 
election issued, as now provided by law. In the First senatorial 
district, the returns of the election for senator shall be made to 
the proper officer in the county of Brown; in the Second sena- 
torial district, to the proper officer in the county of Columbia ; in 
the Third senatorial district, to the proper officer in the county 
of Crawford ; in the Fourth senatorial district, to the proper officer 
in the county of Fond du Lac ; and in the Fifth senatorial dis- 
trict, to the proper officer in the county of Iowa. The returns of 
election for State officers and members of Congress shall be certi- 
fied and transmitted to the speaker of the assembly, at the seat of 
government, in the same manner as the votes for delegate to Con- 
gress are required to be certified and returned, by the laws of the 
territory of Wisconsin, to the secretary of said territory, and in 
such time that they may be received on the first Monday in June 
next ; and as soon as the legislature shall be organized, the 
speaker of the assembly and the president of the senate shall in 
the presence of both houses, examine the returns, and declare 
who are duly elected to fill the several offices hereinbefore men- 
tioned, and give to each of the persons elected, a certificate of his 
election. 

Sec. 12. Until there shall be a new apportionment, the 
senators and members of the assembly shall be apportioned among 
the several districts, as hereinafter mentioned, and each district 
shall be entitled to elect one senator or member of the assembly, 
as the case may be. 

The counties of Brown, Calumet, Manitowoc and Sheboygan 
shall constitute the First senate district. 

The counties of Columbia, Marquette, Portage and Sauk shall 
constitute the Second senate district. 

The counties of Crawford, Chippewa, St. Croix and La Pointe 
shall constitute the Third Senate district. 

The counties of Fond du Lac and Winnebago shall constitute 
the Fourth senate district. 

10— Wis N 



146 CONSTITUTION OF WISCONSIN. 

The counties of Iowa and Kichland shall constitute the Fifth 
senate district. 

The county of Grant shall constitute the Sixth senate district. 

The county of La Fayette shall constitute the Seventh senate 
district. 

The county of Green shall constitute the Eighth senate district. 

The county of Dane shall constitute the Ninth senate district. 

The county of Dodge shall constitute the Tenth senate dis- 
trict. 

The county of Washington shall constitute the Eleventh senate 
district. 

The county of Jefferson shall constitute the Twelfth senate 
district. 

The county of Waukesha shall constitute the Thirteenth senate 
district. 

The county of Walworth shall constitute the Fourteenth senate 
district. 

The county of Eock shall constitute the Fifteenth senate 
district. 

The towns of Southport, Pike, Pleasant Prairie, Paris, Bristol, 
Brighton, Salem and Wheatland, in the county of Eacine, shall 
constitute the Sixteenth senate district. 

The towns of Eacine, Caledonia, Mount Pleasant, Eaymond, 
Norway, Eochester, Yorkville and Burlington, in the county of 
Eacine, shall constitute the Seventeenth senate district. 

The third, fourth and fifth wards of the city of Milwaukee, 
and the towns of Lake, Oak Creek, Franklin and Greenfield, in 
the county of Milwaukee, shall constitute the Eighteenth senate 
district. 

The first and second wards of the city of Milwaukee, and the 
towns of Milwaukee, Wauwatosa and Granville, in the county of 
Milwaukee, shall constitute the Nineteenth senate district. 

The county of Brown shall constitute an assembly district. 

The county of Calumet shall constitute an assembly district. 

The county of Manitowoc shall constitute an assembly district. 

The county of Columbia shall constitute an assembly district. 

The counties of Crawford and Chippewa shall constitute an 
assembly district. 

The counties of St. Croix and La Pointe shall constitute an 
assembly district. 



CONSTITUTION OF WISCONSIN. 147 

The towns of Windsor, Sun Prairie and Cottage Grove, in the 
county of Dane, shall constitute an assembly district. 

The towns of Madison, Cross Plains, Clarkson, Springfield, 
Verona, Montrose, Oregon and Greenfield, in the county of Dane, 
shall constitute an assembly district. 

The towns of Rome, Dunkirk, Christiana, Albion and Rutland, 
in the county of Dane, shall constitute an assembly district. 

The towns of Burnett, Chester, Le Roy and Williamstown, in 
the county of Dodge, shall constitute an assembly district. 

The towns of Fairfield, Hubbard and Rubicon, in the county of 
Dodge, shall constitute an assembly district. 

The towns of Hustisford, Ashippun, Lebanon and Emmett, in 
the county of Dodge, shall constitute an assembly district. 

The towns of Elba, Lowell, Portland and Clyman, in the county 
of Dodge, shall constitute an assembly district. 

The towns of Calamus, Beaver Dam, Fox Lake and Trenton, in 
the county of Dodge, shall constitute an assembly district. 

The towns of Calumet, Forest, Auburn, Byron, Taycheedah and 
Fond du Lac, in the county of Fond du Lac, shall constitute an 
assembly district. 

The towns of Alto, Metomen, Ceresco, Rosendale, Waupun, 
Oakfield and Seven Mile Creek, in the county of Fond du Lac, 
shall constitute an assembly district. 

The precincts of Hazel Green, Fairplay, Smelser's Grove and 
Jamestown, in the county of Grant, shall constitute an assembly 
district. 

The precincts of Platteville, Head of Platte, Centreville, Mus- 
coda and Fennimore, in the county of Grant, shall constitute an 
assembly district. 

The precincts of Pleasant Valley, Potosi, Waterloo, Hurricane 
and New Lisbon, in the county of Grant, shall constitute an as- 
sembly district. 

The precincts of Beetown, Patch Grove, Cassville, Millville and 
Lancaster, in the county of Grant, shall constitute an assembly 
district. 

The county of Green shall constitute an assembly district. 

The precincts of Dallas, Peddlers Creek, Mineral Point and 
Yellow Stone, in the county of Iowa, shall constitute an assembly 
district. 

The precincts of Franklin, Dodgeville, Porter's Grove, Arena 



148 CONSTITUTION OF WISCONSIN 

and Percussion, in the county of Iowa and the county of Bich- 
land, shall constitute an assembly district. 

The towns of Watertow T n, Aztalan and Waterloo, in the county 
of Jefferson, shall constitute an assembly district. 

The towns of Ixonia, Concord, Sullivan, Hebron, Cold Spring 
and Palmyra, in the county of Jefferson, shall constitute an as- 
sembly district. 

The towns of Lake Mills, Oakland, Koshkonong, Farmington 
and Jefferson, in the county of Jefferson, shall constitute an 
assembly district. 

The precincts of Benton, Elk Grove, Belmont, Willow Springs, 
Prairie, and that part of Shullsburgh precinct north of town 
One, in the county of La Fayette, shall constitute an assembly 
district. 

The precincts of Wiota, Wayne, Gratiot, White Oak Springs, 
Fever Eiver, and that part of Shullsburgh precinct south of 
town Two, in the county of La Fayette, shall constitute an as- 
sembly district. 

The county of Marquette shall constitute an assembly district. 

The first ward of the city of Milwaukee shall constitute an 
assembly district. 

The second ward of the city of Milwaukee shall constitute an 
assembly disirict. 

The third ward of the city of Milwaukee shall constitute an 
assembly district. 

The fourth and fifth wards of the city of Milwaukee shall con- 
stitute an assembly district. 

The towns of Franklin and Oak Creek, in the county of Mil- 
waukee, shall constitute an assembly district. 

The towns of Greenfield and Lake, in the county of Milwaukee, 
shall constitute an assembly district. 

The towns of Granville, Wauwatosa and Milwaukee, in the 
county of Milwaukee, shall constitute an assembly district. 

The county of Portage shall constitute an assembly district. 

The town of Eacine, in the county of Eacine, shall constitute 
an assembly district. 

The towns of Norway, Eaymond, Caledonia and Mount Pleas- 
ant, in the county of Eacine, shall constitute an assembly district. 

The towns of Eochester, Burlington and Yorkville, in the 
county of Eacine, shall constitute an assembly district. 



CONSTITUTION OF WISCONSIN. 149 

The towns of Southport, Pike and Pleasant Prairie, in the county 
of Racine, shall constitute an assembly district. 

The towns of Paris, Bristol, Brighton, Salem and Wheatland, in 
the county of Racine, shall constitute an assembly district. 

The towns of Janesville and Bradford, in the county of Rock, 
shall constitute an assembly district. 

The towns of Beloit, Turtle and Clinton, in the county of Rock, 
shall constitute an assembly district. 

The towns of Magnolia, Union, Porter and Fulton, in the county 
of Rock, shall constitute an assembly district. 

The towns of Milton, Lima and Johnstown, in the county of 
Rock, shall constitute an assembly district. 

The towns of Newark, Rock, Avon, Spring Valley and Center, 
in the county of Rock, shall constitute an assembly district. Pro- 
vided, That if the legislature shall divide the town of Center, they 
may attach such part of it to the district lying next north as they 
deem expedient. 

The county of Sauk shall constitute an assembly district. 

Precincts numbered one, three and seven, in the county of 
Sheboygan, shall constitute an assembly district. 

Precincts number two, four, five and six, in the county of She- 
boygan, shall constitute an assembly district. 

The towns of Troy, East Troy and Spring Prairie, in the county 
of Walworth, shall constitute an assembly district. 

The towns of Whitewater, Richmond and La Grange, in the 
county of Walworth, shall constitute an assembly district. 

The towns of Geneva, Hudson and Bloomfield, in the county of 
Walworth, shall constitute an assembly district. 

The towns of Darien, Sharon, Walworth and Linn, in the 
county of Walworth, shall constitute an assembly district. 

The towns of Delavan, Sugar Creek, La Fayette and Elkhorn, 
in the county of Walworth, shall constitute an assembly district. 

The towns of Lisbon, Menomonee and Brookfield, in the county 
of Waukesha, shall constitute an assembly district. 

The towns of Warren, Oconomowoc, Summit and Ottawa, in the 
county of Waukesha, shall constitute an assembly district. 

The towns of Delafield, Genessee and Pewaukee, in the county 
of Waukesha, shall constitute an assembly district. 

The towns of Waukesha and New Berlin, in the county of 
Waukesha, shall constitute an assembly district. 



150 



CONSTITUTION OF WISCONSIN. 



The towns of Eagle, Mukwonago, Vernon and Muskego, in the 
county of Waukesha, shall constitute an assembly district. 

The towns of Port Washington, Fredonia and Clarence, in the 
county of Washington, shall constitute an assembly district. 

The towns of Grafton and Jackson, in the county of Washing- 
ton shall constitute an assembly district. 

The towns of Mequon and Germantown, in the county of Wash- 
ington, shall constitute an assembly district. 

The towns of Polk, Eichfield and Erin, in the county of Wash- 
ington, shall constitute an assembly district. 

The towns of Hartford, Addison, West Bend and North Bend, 
in the county of Washington, shall constitute an assembly dis- 
trict. 

The county of Winnebago shall constitute an assembly district. 

The foregoing districts are subject, however, so far to be altered 
that when any new town shall be organized, it may be added to 
either of the adjoining assembly districts. 

Sec. 13. Such parts of the common law as are now in force in 
the territory of Wisconsin, not inconsistent with this constitution, 
shall be and continue part of the law of this State until altered or 
suspended by the legislature. 

Sec. 14. The senators first elected in the even numbered senate 
districts, the governor, lieutenant governor, and other State officers 
first elected under this constitution, shall enter upon the duties 
of their respective offices on the first Monday of June next, and 
shall continue in office for one year from the first Monday of 
January next. The senators first elected in the odd numbered 
senate districts, and the members of the assembly first elected 
shall enter upon their duties respectively on the first Monday of 
June next, and shall continue in office until the first Monday in 
January next. 

Sec. 15. The oath of office may be administered by any judge 
or justice of the peace, until the legislature shall otherwise direct. 



RESOLUTIONS. 

Resolved, That the Congress of the United States be, and is 
hereby requested, upon the application of Wisconsin for admission 
into the Union, so to alter the provisions of an act of Congress, 
entitled " An act to grant a quantity of land to the territory of 
Wisconsin, for the purpose of aiding in opening a canal to con- 






CONSTITUTION OF WISCONSIN 151 

nect the waters of Lake Michigan with those of Rock River," 
approved June eighteenth, eighteen hundred and thirty-eight, and 
so to alter the terms and conditions of the grant made therein, that 
the odd numbered sections thereby granted, and remaining 
unsold, may be held and disposed of by the State of Wisconsin, 
as a part of the five hundred thousand acres of land to which said 
State is entitled by the provisions of an act of Congress, entitled 
" An act to appropriate the proceeds of the sales of the public 
lands, and to grant pre-emption rights," approved the fourth day 
of September, eighteen hundred and forty-one ; and further, that 
the even numbered sections reserved by Congress may be offered 
for sale by the United States for the same minimum price, and 
subject to the same rights of pre-emption as other public lands 
of the United States. 

Resolved, That Congress be further requested to pass an act 
whereby the excess price over and above one dollar and twenty- 
five cents per acre, which may have been paid by the purchasers 
of said even numbered sections which shall have been sold by the 
United States, be refunded to the present owners thereof, or they 
be allowed to enter any of the public lands of the United States, 
to an amount equal in value to the excess so paid. 

Resolved, That in case the odd numbered sections shall be ceded 
to the State as aforesaid, the same shall be sold by the State in 
the same manner as other school lands. Provided, That the same 
rights of pre-emption as are now granted by the laws of the 
United States shall be secured to persons who may be actually 
settled upon such lands at the time of the adoption of this consti- 
tution. And provided further, That the excess price over and 
above one dollar and twenty-five cents per acre, absolutely or 
conditionally contracted to be paid by the purchasers of any part 
of said sections which shall have been sold by the territory of 
Wisconsin, shall be remitted to such purchasers, their represen- 
tatives or assigns. 

Resolved, That Congress be requested, upon the application of 
Wisconsin for admission into the Union, to pass an act whereby 
the grant of five hundred thousand acres of land, to which the 
State of Wisconsin is entitled by the provisions of an act of Con- 
gress, entitled "An act to appropriate the proceeds of the sales 
of the public lands, and to grant pre-emption rights," approved 
the fourth day of September, eighteen hundred and forty-one, and 



152 CONSTITUTION OF WISCONSIN 

also the five per centum of the net proceeds of the public lands 
lying within the State, to which it shall become entitled on its 
admission into the Union, by the provisions of an act of Congress, 
entitled " An act to enable the people of Wisconsin territory to 
form a constitution and State government, and for the admission 
of such State into the Union," approved the sixth day of August, 
eighteen hundred and forty-six, shall be granted to the State of 
Wisconsin for the use of schools, instead of the purposes men- 
tioned in said acts of Congress respectively. 

Resolved, That the Congress of the United States be, and hereby 
is requested, upon the admission of this State into the Union, so 
to alter the provisions of the act of Congress, entitled " An act to 
grant a certain quantity of land to aid in the improvement of the 
Fox and Wisconsin rivers, and to connect the same by a canal in 
the territory of Wisconsin/' that the price of the lands reserved 
to the United States shall be reduced to the minimum price of 
the public lands. 

Resolved, That the legislature of this State shall make provision 
by law for the sale of the lands granted to the State in aid of said 
improvements, subject to the same rights of pre-emption to the 
settlers thereon, as are now allowed by law to the settlers on the 
public lands. 

Resolved, That the foregoing resolutions be appended to and 
signed with the constitution of Wisconsin, and submitted there- 
with to the people of this territory, and to the Congress of the 
United States. 

We, the undersigned, members of the convention to form a 
constitution for the State of Wisconsin, to be submitted to the 
people thereof for their ratification or rejection, do hereby certify- 
that the foregoing is the constitution adopted by the convention. 

In testimony whereof we have hereunto set our hands, at Madi- 
son, the first day of February, A. D. eighteen hundred and forty- 
eight. 

MOEGAN L. MARTIN, 

President of the Convention and Delegate from Brown County. 
Thos. McHugh, Secretary. 

[Signed also by the Sixty-five other Delegates.] 




(The references are to paragraphs except where otherwise indicated.) 



Accused persons, rights of, 79. 
Adjutant-general, 66, 68 1. 
Administrative department, 66-69. 
Admission of Wisconsin into the 

Union, 12. 
Allouez (al'-loo-a'), 5. 
Amendments to the Constitution of 

Wisconsin, 18. 
American Fur Company, 6. 
Apportionment of members of the 

legislature, 53 ; p. 59, note 3. 
Apportionment of taxes, 96. 
Arbitration, State board of, 66, 68 r. 
Assessment of taxes, 96. 
Assessors, 25 e, 95 a. 
Astor, John Jacob, 6. 
Attorney-general, 66, 68 c. 
Australian ballot, 88. 

Black Hawk war, 16. 

Blind, Wisconsin Institution for the 
Education of the, 68 n. 

Board of arbitration and concilia- 
tion, State, 66, 68 r. 

Board of control, State, 66, 68 n. 

Board of dental examiners, State, 
66, 67, 68 p. 

Board of deposits, State, 66, 68 t. 

Board of examiners for admission 
to the bar, State, 66, 67, 68 p. 

Board of health in cities, 51 f. 

Board of health and vital statistics, 
State, 66, 68 o. 

Board of immigration, State, 66, 
68 s. 

Board of pharmacy, State, 66, 67, 
68 p. 

Board of public works in cities, 
51 f. 

Board of regents of the State nor- 
mal schools, 66, 68 m. 

Board of regents of the State uni- 
versity, 66, 68 m. 

Board of school commissioners in 
cities, 51 f. 

Board of teachers' examiners, State, 
66, 67, 68 p. 



Boards of review, 95 b. 
Breach of the peace, p. 62. 

Campaign, political, 84. 

Candidates for office, selection of, 
83. 

Canvassing of votes after elections, 
89. 

Caucus, the, 88. 

Certificates of election, 90. 

Certiorari, writ of, p. 89, note 4. 

Challenging voters, p. 104, note 2. 

Circuit courts of the State, 72, 73. 

Cities, 3 c ; classes under the gen- 
eral law, 40 ; distinguished from 
villages, p. 11, note ; functions of, 
41 ; incorporation of, 38 ; officers 
of, 43-48 ; organization of gov- 
ernment, 39 ; wards in, 42. 

City attorney, the, 51 e. 

City council, the, 49, 50. 

City officers, powers and duties of, 
51. 

Civil cases, 25 c ; process of trving, 
81b. 

Clerk of the circuit court, powers 
and duties of, 32 h. 

Collection of taxes, 97. 

Commissioner of labor, census and 
industrial statistics, 66, 68 f. 

Commissioners of fisheries, State, 
66, 68 q. 

Committees, legislative, 59. 

Committees, " central," 82. 
j Commutation, p. 78. 

Complaint, 81 a. 

Comptroller, the city, 51 d. 
! Conflict between State and National 
laws, 2, 19. 

Constables, powers and duties of, 
25 d. 

Constitutions, contents of, 17; de- 
fined, 16 ; in America, 15 ; kinds 
of, 16 ; origin and purpose of, 14. 

Constitution of Wisconsin, amend- 
ments to, 18 ; analysis of, 18 ; for- 
mation of, 12. 

153 



154 



INDEX. 



Conventions, constitutional, 18. 

Conventions, nominating, 83. 

Coroner, powers and duties of, 32 d. 

County, the, 3a; in Wisconsin, 
26. 

County assessment of taxes, 96 b. 

County board, the, 29, 30. 

County board of canvassers, 89. 

County courts, 74-75. 

County government, 28. 

County judge, the, 31, 74, 75. 

County officers, the, 31, 32. 

County seat, the, 27. 

County superintendent of schools, 
31, 32 i. 

Court commissioners, 77 c. 

Courts of the State, 69 ; their func- 
tions, 78. 

Criminal cases, 25 c ; process of 
trying, 81 a. 

Dairy and food commissioner, 
66, 68 f. 

Deaf and Dumb, Wisconsin Insti- 
tution for the Education of the, 
68 n. 

Dental examiners, State board of, 
66, 67, 68 p. 

Deposits, State board of, 66, 68 t. 

Discovery of Wisconsin, 5. 

Distinction between villages and 
cities, p. 11, note. 

District attorney, the, 32 g. 

District board of canvassers, p. 108, 
note 3. 

Dodge, Henry, 11. 

Election days, 87. 

Election officers, 87. 

Election of governor and lieuten- 
ant-governor, 64, 62 e. 

Election of United States senators, 
62 e. 

Executive department, the, 63-65. 

Exemptions from taxation, 94 

Explorations in Wisconsin, 5. 

Felony, p. 62. 

Fish and game warden, State, 66, 

68 i. 
Fisheries, State commissioners of 

66, 68 q. 
Forms of government, 13. 
French and Indian war, the, 5. 
Fur trade, the, 6. 

Government, forms of, 13. 
Government, local, 3. 



Government in Wisconsin, evolu- 
tion of, 7. 

Government of the States, 2. 

Government of the United States, 1. 

Governor, the— election of, 64, 62 e ; 
powers and duties of, 65 b ; quali- 
fications of, 64 ; salary of, 64 ; va- 
cancy in the office of, 64. 

Grand jury, 81 a. 

Green Bay, 6. 

Groseilliers, 5. 

Growth of Wisconsin, 6. 

Habeas corpus, writ of, p. 89, note 4. 

Health, board of, in cities, 51 f. 

Health and vital statistics, State 
board of, 66, 68 o. 

Hennepin, 5. 

Home for the Feeble-minded, Wis- 
consin, 68 n. 

Hubbell, Judge Levi, impeachment 
of, 62 b. 

Illinois Territory, 10. 

Immigration, State board of, 66, 
68 s. 

Impeachment, 62 b. 

Indiana Territory, 10. 

Indian troubles in Wisconsin, 5, 6. 

Indictment, 81 a. 

Industrial School for Boys, Wiscon- 
sin, 68 n. 

Industrial School for Girls, Wiscon- 
sin, 68 n. 

Information, 81 a. 

Injunction, writ of, p. 89, note 4. 

Insane, Northern Hospital for the, 
68 n. 

Insane, State Hospital for the, 68 n. 

Inspectors of illuminating oils, 
State supervisor of, 66, 67, 68 h. 

Insurance commissioner, 66, 67, 68 e. 

Joliet (zho'-le-a), 5. 
Judicial department, the, 69-81. 
Juries, 80. 

Justice of the peace, powers and 
duties of the, 25 c. 

Labor, commissioner of, 66, 68 f. 

Langlade, Charles de, 6. 

La Salle (la'-saT), 5. 

Laws, making the, 61. 

Lead mines, 5. 

Legislative department, the, 53-62. 

Legislature, the State — apportion- 
ment of members of, 53, p. 59, 
note 3 ; committees of, 59 ; elec- 



INDEX. 



155 



tion of members of, 54 ; elections 
by, 62 e ; bow laws are made by, 
61 ; meetings of, 57 ; officers of, 
58; order of business of, 60; or- 
ganization of, 57; powers and 
duties of, 62 ; privileges of mem- 
bers of, 56 ; qualifications for 
members of, 54; restrictions on 
legislation, 62 d ; salary of mem- 
bers of, 55 ; sessions of, 60. 

Le Sueur (leh-sii'-ur'), 5. 

Liberty, progress of, 13. 

Lieutenant-governor, the — election 
of, 64, 62 e ; powers and duties 
of, 65 a ; qualifications of, 64 ; sal- 
ary of, 64 ; vacancy in the office 
of,' 64. 

Local government in the States, 3. 

Local government in Wisconsin, 
20. 

Lusson, Sieur Saint, 5. 

Mandamus, writ of, p. 89, note 4. 
Marquette (mar-kef), 5. 
Marshal, powers and duties of, 37 e. 
Mayor, powers and duties of, 51 a. 
Message, the governor's, p. 78. 
Michigan Territory, 10. 
Militia, the State, p. 77. 
Milwaukee settled, 6. 
Municipal courts, 77 a. 

National Guard, the, p. 77. 
Newspapers in Wisconsin, the first, 

p. 17, note. 
Nicolet (ni-co-la'), 5. 
Nominating conventions, 83. 
Nomination papers, 83. 
Normal schools, p. 17, note ; 68 m. 
Northwest Territory, the, 8, 9, 10. 
Nullification, 19. 

Ordinance of 1787, the, 8, 9. 

Pardons, p. 78. 

Perrot (Pe-ro'), 5. 

Personal liberty, right of, p. 24, 

note. 
Personal security, right of, p. 24, 

note. 
Pharmacy, State board of, 66, 67, 

68 p. 
Police justice, powers and duties 

of, 37 g. 
Political parties, 82. 
Poll tax in Wisconsin, 92. 
Polls, opening and closing of, 87. 
Population of Wisconsin, 6. 



Posse comitatus, p. 42, note 1. 
Prairie du Chien settled, 6. 
Printing press, influence of the, 13. 
Private property, right of, p. 24, 

note. 
Property exempt from taxation, 94. 
Property, kinds of, 93. 
Public works, board of, in cities, 

51 f. 

Quartermaster-general, 66,68 b. 
Quebec act (1774), 7. 
Quorum of the legislature, 60. 
Quo warranto, writ of, p. 89, note 4. 

Eadisson, 5. 

Eailroad commissioner, 66, 67, 68 e. 

Eailroad, first, in Wisconsin, p. 17, 
note. 

Keferendum, the, 62 d, p. 74, note 1, 

Register of deeds, powers and du- 
ties of, 32 e. 

Registration of electors, 86. 

Relations between the State and 
the National government, 19. 

Religious freedom, right of, p. 24, 
note. 

Reprieve, p. 78. 

Restrictions on legislation, 62 d. 

Revenues of the State, 91. 

Rights of accused persons, 79. 

Rights of individuals, 14 ; p. 24, 
note. 

Road districts, 3 d. 

Sacs and Foxes, the, 5. 

School commissioners, board of, in 
cities, 51 f. 

School districts, 3 d ; p. 35, note 1. 

School for Dependent Children, 
Wisconsin, 68 n. 

School system, organization of, p. 
17, note. 

Secession, 19. 

Secretary of State, 66, 68 a. 

Settlement of Wisconsin, 6. 

Sheriff, powers and duties of, 32 c. 

State assessment of taxes, 96 a. 

State board of canvassers, 89. 

State government, departments of, 
52. 

State prison, Wisconsin, 68 n. 

States formed out of the Northwest 
Territory, 10. 

States, government of the, 2. 

States, powers which may be exer- 
cised by the, 19. 

St. Clair, Arthur, 9. 



156 



INDEX. 



Superintendent of public instruc- 
tion, State, 66, 68 d. 

Superintendent of public property, 
State, 66, 68 j. 

Superior courts, 76. 

Supervisor of inspectors of illumi- 
nating oils, State, 66, 67, 68 h. 

Supervisors, powers and duties of, 
29, 30. 

Supreme court, the, 70, 71. 

Surveyor, the county, 32 f. 

Taxes, 92; assessment and appor- 
tionment of, 96; collection of, 
97 ; kinds of, 92. 

Teachers' certificates, State, p. 87, 
note 1. 

Teachers' examiners, State board 
of, 66, 67, 68 p. 

Territorial government of Wiscon- 
sin, 11. 

Territories of the United States, 2. 

Town, the, 3b, 21. 

Town board, the, 24, 25. 

Town government, 22. 

Town meeting, the, 22, 23. 

Town officers, the, 24, 25. 

Town and township, difference be- 
tween, 21. 

Township, the, 3 b, 21. 

Treason, p. 62. 

Treasurer, State, 66, 68 b. 

Treasury agent, State, 66, 68 k. 



Trials, how conducted, 81. 
Trustees of the State library, 66. 

University of Wisconsin, p. 17, 

note. 
United States, government of, 1. 
United States, powers which may 

be exercised by the, 19. 
Unwritten constitutions, 16. 

Valuation of property for 
taxation, 95. 

Village board, the, 36. 

Village officers, 35, 37. 

Villages, 3c; distinguished from 
cities, p. 11, note ; government 
of, 33 ; incorporation of, 34 ; of- 
ficers of, 35. 

Voters in Wisconsin, qualifications 
for, 85. 

Voting, manner of, 88. 

Wards in cities, 42. 

Wisconsin, admission into the 
Union, 12 ; boundaries of, 10, and 
p. 20, note 1 ; counties in, 3 a, 6 
discovery and exploration of, 5 
evolution of government in, 7 
formation of constitution of, 12 
settlement and growth of, 6 ; Ter- 
ritory of, 11 ; towns in, 3b; vil- 
lages and cities in, 3 c. 

Woman suffrage in Wisconsin, 85. 

Written constitutions, 16. 




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